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[size=36]Faeq Zidane: The jurisdiction of law and judiciary is a constitutional and legal jurisdiction[/size]
Political | 11:18 - 09/27/2024
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Mawazine News - Baghdad
Civilized countries with democratic systems are keen to include the principle of the rule of law in their constitutions and laws, considering that the law is the supreme authority in reality in all countries that are keen to subject their citizens to the law without discrimination. For example, the Constitution of the Republic of Iraq for the year 2005 stipulated in Article (5) that "the rule of law". Likewise, the Egyptian Constitution for the year 2014 stated in Article (94) that "the rule of law is the basis of governance in the state, and the state is subject to the law". The Moroccan Constitution for the year 2011 stated in Chapter (6) that "the law is the highest expression of the will of the nation, and all persons, natural or legal, including public authorities, are equal before it and are obligated to comply with it". Likewise, the Universal Declaration of Human Rights (1948) stated in Article (7) that "all persons are equal before the law".
As for the judiciary, as the body that applies the law, its independence is the only guarantee of the proper application of the law. This independence is derived from the texts of the constitution itself, as Article (19) of the Iraqi constitution stipulates that “the judiciary is independent, and there is no authority over it except the law.”
Article (184) of the Egyptian constitution of 2014 also states that “the judiciary is independent.” The Basic Law of Governance in the Kingdom of Saudi Arabia confirms in Article (46) that “the judiciary is an independent authority.” The Tunisian constitution of 2014 stipulates in Chapter (102) that “the judiciary is an independent authority.”
From the above, it is clear that “the jurisdiction of the law” and the body responsible for implementing the law, i.e. the “independent judiciary,” is a jurisdiction based on the constitution and the law, and not merely a desire to expand and encroach on the legislative or executive authorities in exercising their powers guaranteed by the constitution, and in accordance with the principle of separation of powers stipulated in Article (47) of the Iraqi constitution of 2005. Because exercising legislative or executive jurisdiction under the constitution is one thing, and the subjection of the legislative and executive authorities to the law is another thing in the event of a violation thereof. The judiciary is also governed by the supremacy and rule of law, and cannot bypass it, as evidenced by the fact that judges themselves are subject to the law, just like other citizens, in the event that they commit a violation of the law.
As for the judiciary’s consideration of some issues of a political nature, this is also imposed by the constitution and the law. For example, Article (19) of the Independent High Electoral Commission Law stipulates that the Supreme Judicial Council shall form a judicial body for elections that is competent to consider appeals against the decisions of the Board of Commissioners. The exercise of this competence is, of course, a judicial practice with a political character, given that elections are a purely political process, but the settlement of disputes related to that process is the competence of the judiciary. Likewise, the settlement of constitutional disputes that fall within the competence of the constitutional judiciary are also political disputes by nature.
Therefore, we see that there is a realistic fact imposed by the constitution and the law, which is that the jurisdiction of the law and the judiciary is a constitutional and legal “jurisdiction.”
As for the judiciary, as the body that applies the law, its independence is the only guarantee of the proper application of the law. This independence is derived from the texts of the constitution itself, as Article (19) of the Iraqi constitution stipulates that “the judiciary is independent, and there is no authority over it except the law.”
Article (184) of the Egyptian constitution of 2014 also states that “the judiciary is independent.” The Basic Law of Governance in the Kingdom of Saudi Arabia confirms in Article (46) that “the judiciary is an independent authority.” The Tunisian constitution of 2014 stipulates in Chapter (102) that “the judiciary is an independent authority.”
From the above, it is clear that “the jurisdiction of the law” and the body responsible for implementing the law, i.e. the “independent judiciary,” is a jurisdiction based on the constitution and the law, and not merely a desire to expand and encroach on the legislative or executive authorities in exercising their powers guaranteed by the constitution, and in accordance with the principle of separation of powers stipulated in Article (47) of the Iraqi constitution of 2005. Because exercising legislative or executive jurisdiction under the constitution is one thing, and the subjection of the legislative and executive authorities to the law is another thing in the event of a violation thereof. The judiciary is also governed by the supremacy and rule of law, and cannot bypass it, as evidenced by the fact that judges themselves are subject to the law, just like other citizens, in the event that they commit a violation of the law.
As for the judiciary’s consideration of some issues of a political nature, this is also imposed by the constitution and the law. For example, Article (19) of the Independent High Electoral Commission Law stipulates that the Supreme Judicial Council shall form a judicial body for elections that is competent to consider appeals against the decisions of the Board of Commissioners. The exercise of this competence is, of course, a judicial practice with a political character, given that elections are a purely political process, but the settlement of disputes related to that process is the competence of the judiciary. Likewise, the settlement of constitutional disputes that fall within the competence of the constitutional judiciary are also political disputes by nature.
Therefore, we see that there is a realistic fact imposed by the constitution and the law, which is that the jurisdiction of the law and the judiciary is a constitutional and legal “jurisdiction.”
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