RCD Holds Seminar on the Law of the Federal Supreme Court

Research papers were presented by the following experts:
1. Dr. Judge Wael Abdul Latif: Specialist in legal and political affairs.
2. Dr. Fawzi Hussein al-Jabouri: Professor of Constitutional Law, University of Kirkuk.
3. Judge Rahim Hassan al-Okaili: Former Head of the Commission of Integrity.
4. Dr. Adnan Ajil Obeid: Professor of Constitutional Law, University of Al-Qadisiyah.
5. Dr. Ali Saad Omran: Professor of Constitutional Law, Al-Alamein Institute for Graduate Studies.
A central point of contention emerged during the discussion. Judge Abdul Latif stated, "I do not agree that there should be experts in law and Islamic jurisprudence within the proposed draft law for the Federal Supreme Court in the Council of Representatives, because the court was established based on the Transitional Administrative Law of 2004."
Judge Rahim al-Okaili offered a contrary view, explaining that the permanent Iraqi Constitution of 2005 stipulates the inclusion of legal jurists and clerics who have graduated from academic institutions.
Dr. Ajil noted that there is no issue with the presence of Islamic jurists in an advisory capacity, similar to specialized courts for civil servants which appoint experts from universities and other institutions. Meanwhile, Dr. Omran raised the question of whether the Iraqi Constitution operates on a principle of judicial abstention (where a court refuses to apply an unconstitutional law) or judicial annulment (where a court can strike down the law), noting that there is no clear text on this matter.
The discussion, moderated by Dr. Ahmed Al-Mamouri, concluded with his observation that the Council of Representatives had postponed the full law on the Federal Supreme Court to its next term, contenting itself with a constitutional amendment to meet the requirements for holding the upcoming elections.
