The independence of the Iraqi judiciary after 2003

Abstract

The judiciary is a state function, distinguished from other executive and legislative functions. This distinction is based on the judiciary's role as an entity that aims to ensure the rule of law and its application to various disputes that arise between individuals, between them and the state, or between various state agencies. Therefore, the judiciary is a body that guarantees the rights and public freedoms of individuals against any aggression. Therefore, the judiciary must be independent, subject only to the law. This means that the freedom of the judiciary to exercise judicial work must be limited only by law consistent with established constitutional rules, which guarantee the independence of the judiciary as a parallel authority to the rest of the state's public authorities, both legislatively and executively. This completes the state's functional cycle, achieving the principle of the (flexible) separation of powers. This entails a legislative authority, an administrative and executive authority, and a judicial authority, which is responsible for adjudicating disputes, regardless of their subject matter or parties, ensuring proper oversight of the actions of the executive and legislative authorities.

The research aims to explore the concept of judicial independence and to clarify its independence under the State Administration Law and the Permanent Constitution. To achieve this research, the researcher defined the general concepts in the first section. The second section addressed judicial independence under the State Administration Law and the Permanent Constitution. The research concluded with a conclusion that included the results and recommendations specific to the research.