The Role of the Supreme Judiciary Council's Law and the Federal Supreme Court in Consolidating the Principle of Judicial Independence

  • Dr. Fwrat Rostam Ameen Al-Jaf

Abstract

One of the most important functions of the modern state in different communities is to erect justice among their individuals. This cannot be done without the organization of Judicial Authority. So, different states, through their legislations, try to ratify the principle of exploiting the judiciary authority from the other authorities in the state, whether legislative or executivethrough guarantees they provide in different laws.The Law of the Higher Judicial Council 45 for 2017 issued as well as the law of conjunction for Judicial Institution into the Higher Judicial Council. The purpose of the two laws is to establish the principle of independence of the Judicial Authority, but the HigherFederal Court through its decisions suspended some of the law articles.Lack of the ratification of the HigherFederal Court law till now caused many problems that affected the independence of the Judicial Authority. So, we try to deal with the subject which has been mentioned to get the best means that establish this principle through amending the articles of the Higher Judicial Council Law.

Published
2020-06-06