Public Prosecution role before the Supreme Federal Tribunal of Iraq: A Comparative Study

Abstract

Abstract

The Iraqi legislature regulated the provisions of the Public Prosecution Service by a special law. Among the tasks entrusted to it is to challenge after the constitutionality of the laws and regulations in force before the Federal Supreme Court, article 5 (11) thereof. In view of the important and effective role played by the Public Prosecution Service in preserving the Constitution and protecting the fundamental rights and freedoms of individuals, it requires categorical provisions in its evidence of the role of the Public Prosecution Service in challenging unconstitutionality, as the above text did not indicate the mechanism by which the Public Prosecution Service submits its appeals. Moreover, the Iraqi Federal Supreme Court Law No. 30 of 2005, as amended, and subsequently the rules of procedure of the Court No. 1 of 2005, did not include an explicit reference to the role of the Public Prosecution Service in challenging unconstitutionality, in the sense that there is a legislative shortcoming to indicate the status of the Public Prosecution Service before the Federal Supreme Court. The researcher proposes to address this problem and respond to the questions raised by specifying the constitutional and legal scope of the role of the Public Prosecution Service in initiating constitutional proceedings in Iraq and the comparative countries, and clarifying this by referring to the relevant Federal Supreme Court jurisprudence.