The Role of the Federal Supreme Court in Regulating Parliament’s Exercise of Its Oversight Powers under Iraqi and Egyptian Law

Abstract

This article examines the role of constitutional adjudication in Iraq, represented by the Federal Supreme Court of Iraq, in regulating Parliament’s exercise of oversight over the executive, and compares that role with the corresponding position of the Supreme Constitutional Court of Egypt. The article is divided into two principal sections. The first addresses the role of the Federal Supreme Court of Iraq in regulating Parliament’s exercise of its oversight powers under Iraqi law, whereas the second considers the role of the Supreme Constitutional Court of Egypt in regulating Parliament’s exercise of its oversight powers under Egyptian law. The nature of the inquiry required the adoption of a descriptive, analytical, inductive, and comparative methodology. This methodology was used to examine the constitutional and statutory provisions governing parliamentary oversight and to analyze the judgments and decisions of the Federal Supreme Court of Iraq and the Supreme Constitutional Court of Egypt concerning the exercise of parliamentary oversight in both jurisdictions. The article reaches several findings and recommendations. Most importantly, the Federal Supreme Court of Iraq has played a prominent role in regulating and developing the oversight powers of the Iraqi Council of Representatives through its judicial decisions. By contrast, the Supreme Constitutional Court of Egypt has played no significant role in relation to the Egyptian House of Representatives’ oversight of executive performance. The article recommends that the Federal Supreme Court of Iraq reconsider its position and permit the Council of Representatives to exercise oversight over a caretaker government charged with conducting day-to-day affairs. It further recommends that the Egyptian legislature follow the Iraqi approach by expressly permitting direct proceedings before the Supreme Constitutional Court, thereby safeguarding members of the executive against abusive use by Parliament of its constitutionally prescribed oversight mechanisms.
Keywords: Federal Supreme Court of Iraq; Supreme Constitutional Court of Egypt; parliamentary powers; parliamentary oversight; Iraqi Constitution; Egyptian Constitution.