دور المحكمة الاتحادية العليا لمعالجة الانسداد السياسي في العراق

م. د عباس هادي عبد

doi:10.64184/ajlps.V3.I3.Y2026.p.704-720.419

Authors

Lecturer Dr. Abbas Hadi Abd College of Science for Women/ University of Baghdad Author

DOI:

https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.704-720.419

Keywords:

Federal Supreme Court, Constitutional Deadlock, Constitutional Interpretation, The Most Numerous Parliamentary Bloc, The 2005 Iraqi Constitution.

Abstract

The federal parliamentary system in Iraq, established by the 2005 Constitution, has faced structural challenges in its transition from theory to practice. Instead of fostering effective majority and opposition governments, the constitutional texts clashed with a political environment governed by quotas, consensus, and volatile alliances. This sharp contradiction generated recurring crises and deadlocks that impacted sovereign constitutional milestones—ranging from the interpretative dispute over the 'most numerous parliamentary bloc' and government formation mechanisms, to the scope of powers of caretaker governments and the procedures for dissolving Parliament. Amid this constitutional and political stagnation, the Federal Supreme Court emerged as a safety valve and a pivotal actor in managing the landscape. Empowered by the finality and binding nature of its rulings, the Court's role extended beyond traditional judicial adjudication; its power of constitutional interpretation transformed into a legal mechanism to dismantle procedural bottlenecks, reshape the balance of power, and ensure transitions through the country’s critical crises.

References

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