The role of the constitutional judiciary in protecting societal pluralism in Iraq

Abstract

The constitutional judiciary is considered the most prominent organ of the federal judicial authority, and is one of the most important pillars upon which the federal state is based. Therefore, the constitution has granted it many different powers and competencies and made it a lofty stature for being a protector of the Constitution and a preserver of the country's unity. In adition to its role in laying the foundations for the rule of law, and building a state of institutions that preserve the unity of society through the recognition of diverse societal cultures, the members of this court should have a degree of professional and political experience, integrity, scientific, impartiality, and independence, especially in countries with multiple and heterogeneous societies such as Iraq. Should be noted, that the Constitutional Court is the only recourse that can be resorted to by all the different societal components to protect their constitutional rights if they are violated and abused by the political authorities within the state. As a result, the formation of the Constitutional Court and its competencies, as well as guarantees of its independence, have a significant impact on protecting societal pluralism in the federal state.

It is not enough to constitutionally recognize the culture and idiosyncrasies of the various societal groups; because no importance is attached to participation in these groups in the federal authorities, unless there is an independent and impartial judicial body with the power to protect the constitution. The independent and impartial judiciary is the bulwark against the abuse of the federal authorities in the use of their power or beyond its constitutional limits. What is known in the federal state is that the constitution gives this role to the Constitutional Court or the so-called (constitutional judiciary) because it is the most important judicial institution within the state and has several competencies that protect all societal components within the government. Hence the importance of research into the role of the constitutional judiciary in protecting societal pluralism in the federal state.