Post-war Iraq: judicial independence within formal religious framework

 

This chapter should discuss the situation in post war Iraq, and I need some originality in this chapter. This chapter can be from (10000) to (15000) words. One page for the introduction and tow pages for the conclusion. Footnotes should be formatted according to OSCOLA (http://www.law.ox.ac.uk/published/OSCOLA_4th_edn.pdf)

Suggested sub questions can be used in subheadings. What kind of religious pressure can be exerted on judges (mention some case law occurred after 2004)? how? is this pressure acceptable from judges’ viewpoint? can Iraq take advantage from existing examples in other countries to overcome barriers obstruct securing judicial independence, and building rule of law?

And the most important part in this chapter: what is the solution? how can we secure the independence of judiciary in religious framework (Again I need to show some originality in this study, especially in this section).

An overview of the chapter

Title: Judicial independence within formal religious framework

Key question:
-Does a religious link negate the requirement for independence of the courts?
-What is the likelihood that a judicial system with religious ties can work independently?

This chapter should show the intersections of the judiciary and religion. The researcher aims to present a clear picture of the possible mutual effects of religion and the courts. The researcher argues that religious links do not necessarily prevent the judiciary from working independently. The importance of this part of the thesis lies in the fact that the Iraqi constitution states that Islam is the official religion of the state. This creates several difficulties with regard to civil rights for minorities versus the majority. It is worth mentioning that the theory of judicial independence was born in a secular system. Therefore, applying this theory to a religious one requires deep consideration. The researcher hopes to broadly discuss this issue. In addition, the researcher will present the most prominent attempt at interference by religious bodies over the last decade and discuss the judiciary’s stand on them. This will help in assessing the degree of independence that the judiciary has achieved in post-war Iraq.

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