The Federal Supreme Court rules on the unconstitutionality of the law ratifying the Convention on the Regulation of Navigation in Khor Abdullah

 

          The Federal Supreme Court bases the ruling on the unconstitutionality of the law ratifying the Convention on the Regulation of Navigation in Khor Abdullah to:

-        The Constitution of the Republic of Iraq of 2005 represents the interest of the Iraqi people in their past, present and future, which was the result of the arduous and bitter struggle of all the sons of Iraq, Arabs, Kurds, Turkmen and other components of the people. In Article 144 thereof, therefore, the violation of the Constitution constitutes a crime described as the crime of violating the Constitution or high treason.

-        The Federal Supreme Court bases the ruling on the unconstitutionality of Law No. 42 of 2013 ratifying the Convention between the Government of the Republic of Iraq and the Government of the State of Kuwait on the regulation of navigation in Khor Abdullah on the provisions of Article 61/4^th of the Constitution of the Republic of Iraq of 2005, as it is not possible to implement a legal provision contrary to the Constitution despite the validity of that text due to the disruption of its application mechanisms. The Revolutionary Command Council (dissolved), which is competent to ratify international treaties and conventions in accordance with Act No. 111 of 1979, the Treaty Act, which was in force at the time of the enactment of the Act ratifying the aforementioned Convention, no longer exists.

-        The provisions of the Constitution may not be suspended in return for local legislation contrary to it in force before the enactment of the Constitution, but local legislation contrary to the Constitution and other legislation resulting therefrom is subject to being ruled unconstitutional when challenged.