Journal of college of Law for Legal and Political Sciences

Abstract

The independence of the judiciary is one of the most fundamental guarantees for the establishment of the legal state, because of the importance of the role played by the judiciary, and this requires the non-interference of the legislative and executive authorities in the affairs of the judiciary and give it a separate constitutional authority independent of the other two authorities.The principle of independence of the judiciary is a natural result of the principle of separation of powers, there must be serious guarantees to the judiciary to protect them from the interference of the executive and legislative authorities, and these guarantees financial independence and administrative judiciary to be able to perform its function to the fullest without interference or influence from any party, The right of litigation and non-interference in the organization of the judiciary shall be ensured if such an organization undermines the independence of the judiciary. The Federal Supreme Court has a major role in this regard by ruling unconstitutional laws governing the judiciary if this organization is contrary to the principle of independence To spend, also to preserve the right of litigation through its provisions ruled unconstitutional the provisions that prevent the judiciary from considering some disputes or grant falls within its competence to the views of other non-judicial .