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Iraq’s Judiciary: Problems of Unrestricted Independence

Volume 7|Issue 16| Jun 2024 |Articles

Abstract

​This paper provides a historical assessment of the Iraqi judiciary's independence since 1921, focusing on the deviations and challenges that have been encountered since Iraq’s 2003 democratic transition. These issues have emerged due to the unbalanced total separation of the judiciary from the executive and legislative branches, which has granted it “excessive” independence. The paper maintains that this pattern of independence has resulted in several clashes within the judiciary itself, ultimately leading to its politicization. It proposes several institutional reforms within the judiciary, including models for its restructure and regulation, as well as balanced relationship with other powers. These reforms would establish an independent and responsible judiciary, safeguarding it from politicization and the emergence of judicial oligarchies or dictatorships.

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​Iraqi researcher in constitutional law.

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