Iraqi Federal Supreme Court Dissolves Parliament, Restricts Executive to Caretaker Powers

The recent determination by the Iraqi Federal Supreme Court (FSC), delivered subsequent to the 2025 federal elections, establishes a definitive inflection point in the nation’s constitutional jurisprudence, compelling an immediate re-evaluation of executive and legislative authority. Acting under the explicit purview of Articles 93 and 94 of the constitution and the amended Federal Supreme Court Law No. 30 of 2005, the Court delivered a unanimous, final, and binding ruling that fundamentally recalibrates the balance of power during the interregnum of government formation. This judicial action, reportedly underscored by the Supreme Judicial Council President Faiq Zidan’s stress on constitutional adherence, was grounded in the principle that the electoral mandate granted to lawmakers is strictly limited to four calendar years, thereby terminating on the date of the general election for a new parliament.

The ruling’s two most significant effects are the formal dissolution of the current Iraqi parliament, the “fifth” Council of Representatives, and the immediate curtailment of the federal government’s executive authority. The Court unequivocally terminated the mandate of the outgoing legislature, stripping it of its power to enact laws or conduct oversight of the executive branch. This constitutional necessity dictates that any government activity extending beyond the established legal constraints is devoid of legal or constitutional legitimacy and is consequently deemed invalid.

The resulting status for the Council of Ministers is one of limited caretaker governance. The scope of its residual authority is now strictly circumscribed to urgent, non-deferrable decisions necessary solely to ensure the continuous, unimpeded functioning of state institutions. The Court meticulously delineated the boundaries of this authority, explicitly prohibiting the cabinet from undertaking significant policy or fiscal actions. These constraints specifically preclude the government from proposing new draft laws, securing loans, executing major international agreements or contracts, implementing any restructuring of government agencies or ministries, or initiating senior-level appointments and dismissals. Conversely, the Presidency maintains its constitutional mandate, with President Abdul Latif Rashid continuing to perform his duties until the new parliament is seated, in line with Article 72 of the 2005 constitution. This judicial establishment of a rigorous caretaker framework prioritizes constitutional fidelity, ensuring the separation of powers is maintained during periods of political transition.