The role of constitutional justice in protecting fundamental rights and public freedoms in Iraq according to the 2005 Constitution in light of security and political challenges.

Abstract

Abstract: The constitutional judiciary is the primary guarantor of the rights of individuals and institutions, ensuring their respect in accordance with the provisions of the constitution. It also undertakes the task of protecting public freedoms, guaranteeing the balance of powers, and maintaining the democratic system. Therefore, this research aims to determine the effectiveness of the constitutional judiciary in Iraq in protecting fundamental rights and public freedoms according to the 2005 constitution. In light of the security and political challenges facing the state, the analytical approach was adopted based on the study of constitutional texts and laws related to the work of the constitutional judiciary in Iraq. The research reached many results, perhaps the most prominent of which is the emphasis of the Iraqi Constitution of 2005 on a broad system of basic rights and freedoms. The research showed that the constitution provided an advanced framework for the protection of rights, especially in Articles (14–46), but the activation of these texts remained dependent on the extent to which the constitutional judiciary was able to apply them in reality. Despite the challenges facing the constitutional judiciary, it still constitutes a fundamental pillar in the Iraqi political system. It is relied upon to consolidate the rule of law if it is provided with an independent and secure institutional environment. The research recommends the necessity of developing the legislative framework regulating the work of the Federal Supreme Court by issuing legislation that ensures clarity in constitutional appeal procedures and expands the right of individuals to resort to the court to protect their rights and freedoms.