By the Iraq Watch Group, part of the London School of Economics (LSE) Middle East Centre. Any opinions expressed are those of the author(s), and do not necessarily reflect the views of Iraq Business News.
The Centralisation of Authority within Iraq's Judiciary Undermines the Rule of Law
On 30 May 2024, the Court of Cassation, headed by Faiq Zidan - who also serves as the President of the Supreme Judicial Council (SJC) - issued a decision to overturn a ruling by the Federal Supreme Court. According to the Iraqi constitution, the Federal Court is the highest judicial authority in the land, it has the final say in all rulings, and is independent of the SJC.
The decision taken by the Court of Cassation in March is notable because it represents an attempt to compromise any constitutional independence the FSC might enjoy, centralising the judicial institution so that it is brought under the authority of the SJC and its President. This poses a substantial threat to the rule of law in Iraq, as it makes it easier to control the decisions of the judiciary and allows for its politicisation.
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