Introduction
In 2005, the Iraqi Constitutional Committee drafted the Iraqi
constitution, replacing the Law of Administration for the State of Iraq
for the Transitional Period (“TAL”), the first governing law in Iraq
since the Coalition Provisional Authority took control in 2003.
Recognizing the 2005 constitution as a temporary document, the first
parliament formed the Constitutional Review Committee (“CRC”) in
September of 2006 to determine whether and how to amend the
constitution.
In light of the CRC’s efforts, this article reviews state practice for the sourcing of high court authority, synthesizes the results to identify patterns where possible, and assesses the Iraqi constitution’s consistency with state practice. Specifically, this article examines whether states use constitutional provisions or domestic legislation to provide for their high court’s powers and functions, independence, authority, structure and administration, and identifies for the CRC those provisions that may be inconsistent.
Powers and Functions
Many states include a broad statement identifying
the powers and functions of the high court. Such statements can
include, on a very general level, which controversies a high court may
consider, and what role the high court is to play in society.


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