The Supreme Court and the Absolute Protection of the Constitution
Judicial independence, constitutional review, and the limitation of authority
This article examines the role of the Supreme Court of the Republic of Kurdistan in the absolute protection of the Constitution, the Rule of Law, and the limitation of public authority. Articles 26 to 30 establish the Judicial Authority as an independent authority, the Supreme Court as the absolute guardian of the Constitution, and the process of adjudication as a shield for justice, transparency, fundamental rights, and human dignity. The central hypothesis of the article is that judicial independence is not a professional privilege granted to judges; it is a right of the citizen, a requirement of the Rule of Law, and a mechanism for preventing the transformation of the public mandate into personal, partisan, or executive power without limit. Theoretically, the article reads the Supreme Court as an institution weak in material force but strong in constitutional legitimacy. The Court does not possess the sword of the executive authority, nor does it possess the treasury of the legislative authority. Its power comes from reasoned judgment, impartiality, the unity of law, and public confidence. Therefore, entrusting the protection of the Constitution to the Court does not mean creating a new unlimited authority. It means placing all authorities under the supremacy of the Constitution.