The independence and immunity of the judiciary as a pillar of the principle of judicial neutrality in Iraqi law

Abstract

Abstract: This research addresses the principle of judicial impartiality in Iraqi law, focusing on the challenges that hinder its implementation and proposing ways to address them. Judicial impartiality is a fundamental pillar for achieving justice and the rule of law, as it obligates judges to adjudicate cases without bias or external influences. The research problem lies in the existence of obstacles that hinder the optimal application of this principle in Iraq, which can negatively impact the integrity of judicial procedures and public confidence in the judicial system. These obstacles include political and social pressures, a lack of specialized training for judges, and certain legal shortcomings that may allow for interference in the work of the judiciary. The research aims to analyze the legal and regulatory framework for judicial impartiality in Iraq, identify the problems that hinder its implementation, and propose practical solutions to enhance it. It also seeks to evaluate the effectiveness of current mechanisms to ensure judicial impartiality. The importance of the research stems from the pivotal role judicial impartiality plays in establishing justice and strengthening the rule of law. The research adopts a critical and comparative analytical approach, analyzing legal texts and judicial applications, and drawing on the experiences of other countries.