Conflict between the Supreme Judicial Council and the Supreme Court

Abstract

The competition or conflict between the authorities or the body of the constitutional body is not bad in any way, but the constitutional and democratic institutional institutions may be encouraged among themselves, the group that does not attack and conflict and clash immediately, so it is time for the organizations that the state adopts to become the pickaxes of its destruction.

The conflict that exists between the council and the court today is not specific to Iraq alone, as it preceded us to countries that are deeply rooted in democracy, France for example, where a conflict occurred between the Constitutional Council and the General Authority of the Criminal Court of Cassation in the late nineties, but they overcame that and did not accuse the limits of the conflict.

The will of the constitutional legislator is nominated in the authority in Iraq, spread over three members (legislative, executive, and judicial) governed by the separation of powers. We must also realize that the legislator and I chose a duality in each body, and the duality in the judicial authority is (the Judicial Council and the court later), so it is natural that this membership will dispute and compete later, but this must be governed by two parts and the candidates for membership, objectivity and transparency to support it in order to protect rights and freedoms as it should. Developing authority and strengthening the separation of powers and putting the state with all its powers, individuals and resources on the track of justice, prosperity and prosperity.

If the judiciary agrees and decides the judiciary so that it is like the relationship between the heart and the mind in the human body, neither of them can continue to work without the other, but to complete the other and for a specific task.

If it agrees to appoint it between these two lofty regional constitutions, it will assume authority, that basic pillar on which the nascent state relies and which needs strong men in the state of George Washington.

There are many reasons for the opposition due to the lack of independence of the legal constitutional texts in organizing the proportions in an effective and clear manner, as well as the political influence that tries in various ways to penetrate within the authority that emerges to undermine its independence, where it is possible to reach the political conflict for several reasons, valid in this research to shed light on the constitutional organization of the two bodies and the different relationship from the practical experimental point of view to know the importance of the difference in the difference between them.