The judge of the Supreme Judicial Council Judge Faik Zidan, affirmed on Friday (September 27, 2024), that the rule of law and the judiciary is a "constitutional and legal authority."
In a statement received by "Al-Awla," Zidan said, "Civilized countries with democratic systems ensure that their constitutions and laws include the principle of the supremacy of the law, as the law is the highest authority in all states that ensure their citizens' compliance with it without discrimination. For example, the Constitution of the Republic of Iraq of 2005 states in Article (5) that 'sovereignty belongs to the law.' Similarly, the Egyptian Constitution of 2014 states in Article (94) that 'the supremacy of the law is the basis of governance in the state, and the state is subject to the law.' The Moroccan Constitution of 2011 states in Article (6) that 'the law is the highest expression of the will of the nation, and all, whether natural or legal persons, including public authorities, are equal before it and obligated to comply with it.' Additionally, the Universal Declaration of Human Rights (1948) states in Article (7) that 'all people are equal before the law.'"
He added, "As for the judiciary, which applies the law, its independence is the only guarantee for the proper application of the law. This independence is derived from the constitutional texts themselves, as Article (19) of the Iraqi Constitution states, 'The judiciary is independent; no authority is above the law.' Furthermore, Article (184) of the Egyptian Constitution of 2014 states that 'the judicial authority is independent,' and the Basic Law of Governance in the Kingdom of Saudi Arabia confirms in Article (46) that 'the judiciary is an independent authority.' The Tunisian Constitution of 2014 states in Chapter (102) that 'the judiciary is an independent authority.'"
Zidan explained, "From the above, it is clear that the rule of law and the competent authority to apply it, namely the independent judiciary, is based on the constitution and the law, and is not merely a desire to encroach upon the legislative or executive branches in exercising their constitutionally guaranteed powers, in accordance with the principle of separation of powers stipulated in Article (47) of the Iraqi Constitution of 2005. The exercise of legislative or executive authority under the constitution is one thing, and the subjection of the legislative and executive branches to the law is another, in cases of violations. The judiciary is also bound by the supremacy and authority of the law, and cannot override it, as evidenced by judges themselves being subject to the law just like other citizens if they commit violations."
He clarified, "As for the judiciary's consideration of some issues of a political nature, this is also imposed by the constitution and the law. For example, Article (19) of the Law of the Independent High Electoral Commission states that the Supreme Judicial Council shall form a judicial body for elections that is responsible for reviewing appeals against the decisions of the Commission. Exercising this authority is, of course, a judicial practice of a political nature, considering that elections are a purely political process, but resolving disputes related to that process falls within the judiciary's authority. Likewise, adjudicating constitutional disputes that fall within the jurisdiction of constitutional courts is also politically motivated."
He emphasized, "There is a factual reality imposed by the constitution and the law, which is that the rule of law and the judiciary is a constitutional and legal authority."