Iraq's Judiciary: Problems of Unrestricted Independence

Abstract

Following a historical assessment of judicial independence in Iraq since 1921, this paper examines the deviations and challenges that the Iraqi judiciary has encountered since 2003. It investigates the judiciary's absolute and uneven separation from other authorities, as well as its excessive and irresponsible independence. This pattern of independence has resulted in several clashes within the judiciary and has compelled it to get involved in the political process, resulting in its politicization. The paper offers a variety of approaches to achieve institutional reform in the judiciary, as well as models for a fair allocation of branches within the judiciary and between the judiciary and executive and legislative authorities. Such measures will help to establish an independent and accountable judiciary, reduce judicial politicization, and prevent the formation of "judicial oligarchies or dictatorships".