حق التقاضي- الضمانات والقيود - العراق أنموذجاً

Abstract

The Right to Litigation as a Natural and Universal Human Right and a Fundamental Right to Protect Other Human Rights by enabling individuals to resort to the courts for redress in case of any infringement, whether by other individuals or the administration, is considered one of the most essential characteristics of a legal state. The state assumes the responsibility of ensuring the right to litigation and providing constitutional guarantees to realize and enforce this right. Guaranteeing the right to litigation is closely tied to the principles of the separation of powers, judicial independence, equality before the law, and the principle of legality, with everyone subject to the law.

Despite these guarantees and the provisions of Article (19/III) of the 2005 Constitution of the Republic of Iraq, which considers the right to litigation guaranteed and preserved for everyone, and Article (100) prohibiting laws from immunizing any act or administrative decision from challenge, there are restrictions on exercising this right. Individuals are prohibited from resorting to the judiciary, and administrations attempt to evade judicial oversight and deny individuals the right to litigation under the pretext of sovereign acts and exceptional circumstances.