Iraqi High Court Authority: A State-Practice Review of the Source of High Court Authority and an Assessment of 2005 Iraq Constitution

Islamic Law and Law of the Muslim World Paper No. 07-01

Hobart and William Smith Colleges Public Affairs Journal

16 Pages Posted: 8 Dec 2007  

Matthew T. Simpson

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Abstract

In 2005, the Iraqi Constitutional Committee drafted the Iraqi constitution, replacing the Law of Administration for the State of Iraq for the Transitional Period (TAL), the first governing law in Iraq since the Coalition Provisional Authority took control in 2003. Recognizing the 2005 constitution as a temporary document, the first parliament formed the Constitutional Review Committee (CRC) in September of 2006 to determine whether and how to amend the constitution.

In light of the CRC's efforts, this article reviews state practice for the sourcing of high court authority, synthesizes the results to identify patterns where possible, and assesses the Iraqi constitution's consistency with state practice. Specifically, this article examines whether states use constitutional provisions or domestic legislation to provide for their high court's powers and functions, independence, authority, structure and administration, and identifies for the CRC those provisions that may be inconsistent.

Keywords: Iraq, High Court, Supreme Court, state practice, TAL, constitution, legislation, survey, Constitutional Review Committee

Suggested Citation

Simpson, Matthew T., Iraqi High Court Authority: A State-Practice Review of the Source of High Court Authority and an Assessment of 2005 Iraq Constitution. Islamic Law and Law of the Muslim World Paper No. 07-01; Hobart and William Smith Colleges Public Affairs Journal. Available at SSRN: https://ssrn.com/abstract=1061101

Matthew T. Simpson (Contact Author)

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. ( email )

Washington, DC
United States

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