In this legal study, we discussed the nature of the state order in terms of its legal definition, as the state order is a temporary administrative procedure issued by the competent judge in some instances according to the law on the petition submitted by one of the parties to the case, including facts and evidence and supported by documents in an urgent matter. Likewise, the state order does not enjoy the authority of the ruling order. Still, it enjoys the power of urgent legal enforcement. It suspends the implementation of all urgent procedures and decisions resulting from the issue issued against the state order until the issue of the case is resolved.

And that the Federal Supreme Court, as far as the matter relates to the constitutional dispute, has taken the issue of issuing the state order regarding these disputes, even though its law and internal system are devoid of a text on it, basing it on Civil Procedure Law No. 83 of 1969 as amended in force, and as far as the matter relates to the nature of the constitutional dispute. It also fortified the state decision issued by it from appeal, although the Iraqi Civil Proceedings Law permitted appeal against this decision by way of grievance. Therefore, we will discuss this issue from both legal and practical perspectives, as well as the role of the Federal Supreme Court in resolving constitutional disputes and issuing such decisions when considering constitutional disputes.

Legal definition, Federal Supreme Court, constitutional dispute

- Considers the reasons for issuing the amended Iraqi Civil Procedure Law No. 83 of 1969.

- Dr. Ahmed Farhan Al-Idrisi, Fundamentals of Islamic Jurisprudence (College of Sharia and Law), Awan Printing and Publishing, Sana’a, 4th edition, 2006, p. 160. Review the helpful Sheikh

- Ibn Manzur, Lisan al-Arab, Dar Wasul, Beirut, p. 405.

- Dr. Ahmed Abu Al-Wafa, Implementation Procedures in Civil and Commercial Matters, Manshaet Al-Ma’arif, Alexandria, p. 124.

- Dr. Fathi Wali, Mediator in Civil Judicial Law, Dar Al-Nahda Al-Arabiya, Cairo, 1993, p. 104.

- Dr. Muhammad Saeed Abdel Rahman, The Judicial Judgment, Its Elements and Rules for Issuance, Publications of Al-Halabi Law Library / 1st edition, Beirut, 2011, p. 127.

- Amal Maghri, The validity of the res judicata and the right of the convicted person to request reconsideration, research published in the Journal of Humanities, Mentouri Fraternity University of Constantine, Issue 47, June 2017, p. 410.

- Dr. Abdul Malik Al-Jandari, Urgent Judiciary, The Judge’s Technical Efficiency, 1st edition, Judicial Press, Sana’a, p. 68.

- Dr. Ahmed Abu Al-Wafa, Implementation Procedures, previous reference, p. 128.

- Consider this. Dr. Nabil Ismail Omar, Orders on Petitions and their Legal System, New University House, 2008, p. 144 and Dr. Ahmed Malihi Musa, Works of Judges, 2nd edition, Dar Al-Nahda Al-Arabiya, Cairo, 1994, p. 176.

- Dr. Muhammad Sharif Ahmed, An Interpretation Theory of Medina Texts, Ministry of Endowments and Civil Affairs Press, 1980, Baghdad, p. 242.

- See the text of Article (300) of the Amended Iraqi Civil Procedure Law No. 83 of 1969.

- Dr. Ismail Ibrahim Al-Badawi, The Islamic Judicial System, Dar Al-Fikr Al-Jami’i, 1st edition, 2012, p. 320.

- Dr. Saleh Yahya Al-Shaeri, Peacefully Settlement of International Disputes, 1st edition, Madbouly Library, Cairo, 2006, p. 21.

- Dr. Adam Wahib Al-Nadawi, Civil Procedures, Al-Atak Book Industry, Cairo, without year of publication, pp. 207-113. One definition is taken

- Dr. Munther Al-Shawi, Constitutional Law, Volume Two, 1st Edition, Al-A’ik Book Industry, Cairo, 2007, p. 58.

- See Abdul Halim Qasim Muhammad Al-Obaidi, The nature of the constitutional lawsuit (a comparative study) in the constitutional judiciary, a master’s thesis submitted to the College of Law and Political Science, Anbar University, 2011, p. 12.

- Dr. Adam Wahib Al-Nadawi, previous reference, p. 127.

- See the text of Article (95) of the Constitution of the Republic of Iraq for 2005.

- Dr. Abdel Nasser Abu Al-Basal, Explanation of the Code of Sharia Procedures, Dar Al-Thaqafa, 1st edition, 1990, p. 194.

- Dr. Abd al-Malik al-Jandari, previous reference, p. 66.

- See the text of Article (93) of the Constitution of the Republic of Iraq for 2005.

- See Dr. Nabil Ismail Omar, previous reference, p. 86.

- Dr. Ahmed Musa Maligi, Reference Stubaq, p. 176.

- Article (153) of the Iraqi Civil Procedure Law No. 83 of 1969, as amended.

- Consider the decision of the Federal Supreme Court No. (97/Federal/State Order/2021) issued on 8/1/2021.