Legal Resolves The Controversy .. Can The Federal Court Reverse Its Previous Decisions?

Information / Baghdad.. Legal expert Ali Al-Tamimi confirmed, on Wednesday, the ability of the Federal Court to reverse its previous decisions regarding the interpretations of constitutional texts according to the last amendment to the internal system of the Federal Court, which was stipulated in Article (45) thereof, noting that most of the federal courts in the world are private The advanced ones authorized the amendment of previous decisions.

Al-Tamimi said in a statement to / the information /, that “the Federal Court can reverse its previous decisions related to the interpretation of the constitutional text, although Article (94) of the Constitution, which considered the decisions of the Federal Court to be final and cannot be distinguished, but that there is a difference between the term final and final, as the final It is not considered definitive and therefore has the right to re-interpret any constitutional provision provided that it does not harm the rights of the parties.”

He added that “constitutional jurisprudence allows the federal courts to reconsider their previous decisions if there are political, economic or social changes, and this is what most federal courts have followed for most countries of the world, including developed countries.”

Al-Tamimi pointed out that “the current Federal Court has re-interpreted the constitutional interpretation of Article (76) related to the largest bloc, as well as the interpretation of Article (13) related to immunity, and this is a positive trend,” explaining that “Article (45) of the Federal Court’s internal system authorized the Federal Court to reverse decisions precedent, as well as the existence of the legal rule in the Iraqi civil law that is in force for that which says (the rulings are not denied in changing times).

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