이라크 제정헌법상 연방대법원의 설립과 활동 -제헌과정과 총선과정에서의 논의를 중심으로- = The Establishment and A ctivity of Federal Supreme Court in the Constitution of the Republic of Iraq of 2005 -On the Debates in the Process of Constitution-Making and Election for Council of Representatives of 2010-

다국어 초록 (Multilingual Abstract)

After the collapse of Saddam Hussein authority, Coalition Provisional Authority and Iraqi Governing Council were established and they began the work of constitution-making. However, confronting the opposition of Iraqi Islamic leaders, Coalition Provisional Authority proposed a new plan of constitution-making that Transitional National Assembly which will be constructed by general election will make the Permanent Constitution. One of the most controversial issues in constitution-making was the organization and competence of judicial branch. After heated debates, the establishment of Federal Supreme Court with judicial review power was accepted in the Constitution. After the Constitution was ratified, Federal Supreme Court has aggressively intervened political problems by interpreting the Constitution. In the process of the election for Council of Representatives of 2010, the Court decided core political issues, such as the rule and result of election, depending on normative deliberation. Also, the Court has promoted consensus democracy by stressing the significance of political dialogues between conflicting political powers. Through realizing constitutional provisions in a political sphere, Federal Supreme Court of Iraq has led the judicialization of politics towards completing democratization.

참고문헌 (Reference)

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