Zidan: The independence of the judiciary is the only guarantee of the rule of law

Baghdad-INA
The head of the Supreme Judicial Council)SJC), Judge Faiq Zidan, confirmed on Friday, that the independence of the judiciary is the only guarantee for the proper implementation of the law, while he pointed out that the jurisdiction of the law and the judiciary is a constitutional and legal "jurisdiction."
Zidan said, according to a statement by the Judicial Council received by the Iraqi News Agency (INA): "The constitutional jurisdiction of the law and the judiciary civilized countries with democratic systems are keen to include in their constitutions and laws the principle of the rule of law, considering that the law is the supreme authority in reality in all countries that are keen to subject their citizens to the law without discrimination for example, the Constitution of Iraq for the year 2005 stipulated in Article (5) that sovereignty belongs to the law."
 
The statement added: “Also, the Egyptian Constitution of 2014 stated in Article (94) that “the rule of law is the basis of governance in the state, and the state is subject to the law the Moroccan Constitution of 2011 stated in Chapter (6) that the law is the highest expression of the will of the nation, and all, whether natural or legal persons, including public authorities, are equal before it and are obligated to comply with it. Likewise, the Universal Declaration of Human Rights (1948) stated in Article (7) that “all persons are equal before the law.”
 
Zidane continued: “As for the judiciary, as the body that applies the law, its independence is the only guarantee for the proper implementation of the law, and this independence is derived from the texts of the constitution itself, as Article (19) of the Iraqi constitution stipulates that (the judiciary is independent, and there is no authority over it except the law), as stated in Article (184) of the Egyptian constitution of 2014 that (the judiciary is independent), and the Basic Law of Governance in the Kingdom of Saudi Arabia confirms in Article (46) that (the judiciary is an independent authority), and the Tunisian constitution of 2014 stipulates in Chapter (102) that (the judiciary is an independent authority).”
 
It stated: “From the above, it is clear that (the jurisdiction of the law) and the authority responsible for implementing the law, (the independent judiciary), is a jurisdiction based on the constitution and the law, and not a desire to expand and encroach on the legislative or executive authorities in exercising their powers guaranteed by the constitution, and in accordance with the principle of separation of powers stipulated in Article (47) of the Iraqi Constitution of 2005, because exercising legislative or executive jurisdiction under the constitution is one thing, and the submission of the legislative and executive authorities to the law is another thing in the event of a violation of it,” indicating that: “The judicial authority is also governed by the supremacy and rule of law, as evidenced by the submission of judges themselves to the law, like the rest of the citizens, in the event that they commit something that violates the law. As for the judiciary’s consideration of some issues of a political nature, it is also imposed by the constitution and the law. For example, Article (19) of the Independent High Electoral Commission Law stipulates that the Supreme Judicial Council shall form a judicial body for elections that is competent to consider appeals against the decisions of the Board of Commissioners, and the exercise of this jurisdiction is, of course, a judicial exercise of a political nature, considering that Elections are a purely political process, but the settlement of disputes related to that process is within the jurisdiction of the judiciary.”
 
“The constitutional disputes that fall within the jurisdiction of the constitutional judiciary are also political disputes, so we see that there is a factual reality imposed by the constitution and the law, which is that the jurisdiction of the law and the judiciary is constitutional and legal,” It said.