Research 66 ILIC 2019

Abstract:  The problem of “legislative omission” can be found in many countries around the world regardless of the reasons. This situation happens when the lawmakers take a negative action against their duty to make the constitutional norms effective. In other words, the lawmakers fail, omit or ignore to enact Acts or provisions. This negative action leads to violating the constitution whether because the lawmakers do not obey the direct requirement of legislating by the constitution rules or they omit to enact an Act or provisions related to the protection the freedoms and rights of people which mention by the constitution. In Iraq, there are several important laws which still have not enacted such as the Supreme Federal Court Act, and Federal Council Act which have been mentioned that they should be enacted in the Constitution of 2005. Other Acts which are related to the freedoms and rights have never enacted yet as well. The Supreme Federal Court (SFC) has issued several decisions that related to this problem, but they are still limited. In this paper, there are discussions and analyses of some (SFC)’s decisions related to this problem. That will be discussed, after giving brief information about the Iraqi political system according to Constitution of 2005, then a clarification of what the legislative omission means, and discussing of this problem in the current Iraqi legal system and the decisions of the (SFC).
Key words// Legislative Omission, Iraqi legal Political System.