llege of Law discusses a master’s thesis on jurisprudential decisions in the judiciary of the Federal Supreme Court

The College of Law discusses a master’s thesis on jurisprudential decisions in the judiciary of the Federal Supreme Court. The Faculty of Law discussed the master’s thesis tagged “Jurisprudential Decisions in the Judiciary of the Federal Supreme Court (comparative study)”, the thesis submitted by the student: Hussein Abd Banyan. The study aimed to demonstrate the extent of the dominance of the Federal Supreme Court over the constitutional text, the extent to which it deviates from its constitutional limits, openly and implicitly, and the breadth of its authority in the application and interpretation of the Constitution. It may force it to strive to balance these variables and to guarantee rights and freedoms, impartially and independently. The researcher also indicated that the current constitution of the Republic of Iraq is one of the rigid constitutions that is difficult to amend, not without deficiencies and shortcomings in its texts, and it includes general, ambiguous and conflicting provisions that require clarification, as well as the composition of the Iraqi society, which is described as a multi-component and diverse society, this diversity extended to The ruling class, for the latter to establish a constitutional custom that takes into account the components of society and considers it a basis for the division of power. The study reached a number of results and recommendations, the most important of which is that the Federal Supreme Court in Iraq was able to establish rights that were not expressly provided for in the constitution; And that is based on supreme principles and values, and also that the role of the constitutional judge is not limited to mere application of the law. If he does not find a text, he must innovate, otherwise he is considered a denial of justice. Because he is obligated to rule, exercising a creative jurisprudential role and an effective watchdog in the application of the rulings, he derives it through deduction, investigation, extracting the ruling and revealing the will of the legislator with constructive scientific principles, in order to lay in his decisions constitutional principles of distinctive constructive and jurisprudential value that extend the texts to life and serve as the guide for the statement of the ruling Renewing facts and circumstances, meeting the needs of the times.

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