Enhancing Employee Performance Through CPD and Reflective Practice

by Herman Bailey | May 10, 2023 | Essays | 0 comments

Herman Bailey

With a student-centered approach, I create engaging and informative blog posts that tackle relevant topics for students. My content aims to equip students with the knowledge and tools they need to succeed academically and beyond.

Exploring Key Elements of Trademark License Agreements

by Herman Bailey | May 10, 2023 | Essays | 0 comments

Q1:
(A) – identify and discuss key terms in the Trademark license.

1. The license grant

This is at the core of a trademark license agreement because it offers definitions of the answers to the following key questions.

1. the license grant defines the trademarks that are being licensed and the specific rights that are conveyed
2. The license grant defines what the licensee is permitted to do with the licensed right. Similarly, it also defines what the licensee is prohibited from doing with the licensed rights. Particularly, the types of products the licensee is allowed to sell or manufacture, which channels of distribution, and which territories.
3. Finally, the license grant defines whether the grant is non-exclusive or exclusive. Moreover, the owner of a trademark may also license the copyrights (for brand-related contents that are original, logos), and publicity rights (for the celebrity licenses) (Herzfeld & Bergovoy, 2007).
4. Distribution channels and territories

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Territory implies the geographic area whereby the license is allowed to the goods licensed and usually defined on a basis of a country.

Distribution channels mean the categories of buyers permissible from the licensee and the resellers of the licensed products to the general public. The most common channels of distribution include catalogs, the internet, specialty stores, mid-tier, and mass department stores.

According to Herzfeld & Bergovoy (2007), the conflict arises when negotiating the provision of channels where the licensor desire to only have the best quality and newest goods for sale in the channels that are most prestigious to enhance the brand image, whereas the desire of the licensee to maximize profits by using many channels as possible to sell many goods at whatever market price. In negotiating the provision of distribution channel, Herzfeld & Bergovoy (2007) indicated that licensors usually want well defined, limited channels and no right to sell-offs (inventory unsold at the agreement expiration), closeouts (unsold inventory out of season), or seconds (goods having merchantable but minor defects) to discount channels without proper approval. In contrast, licensees generally desire to sell through all channels possible and also want to right to selling sell-offs, close-outs, or seconds to discount channels without proper prior licensors approval.

1. Exclusivity

This is to what extent if whether the license will possess exclusive rights. 5he licenses that are non-exclusive do not restrict the ability of the licensor to grant licenses for similar or like products to other groups or parties. They are the norm in brand licensing and trademark. As the name implies, exclusive rights grant exclusive rights to the licensees to produce and sell the licensed products in certain markets and territories during the term period of the license

1. The license term

The initial term’s length and the ease or difficulty or difficulty of the licensee in getting a renewal term are driven largely by consideration of businesses. Generally, the licensor wants a short term without the option of automatic renewal for it to replace easily the licensee who is underperforming, or get better financial terms from the new licensee, or even by manufacturing the goods by itself. In contrast, the licensee wants a longer-term compounded with an option for automatic renewal with no of few preconditions for it to amortize the costs of development, and guarantee longer returns for the investments it made

1. Royalty calculations

The trademark license currency is the royalties. The basis most common for calculation of royalties on license for goods is on a percentage of wholesale net sales, defined as the gross sales subtract the agreed deductions such as returns and taxes. The figure of net sales is then multiplied by the rate of royalty to give the royalties amount owing to the licensor (Herzfeld & Bergovoy, 2007). Herzfeld & Bergovoy (2007) further pointed out the most common contention points when negotiating the provision for net sales. They include:

1. The permitted deductions from the gross sales when calculating the net sales and other limits within it.
2. Whether the figure of net sales will be based on the licensees’ sales regardless of no pays or based on the actual receipts from the licensee, exclusive of the purchasers who failed to make payments for whatever reasons. Herzfeld & Bergovoy (2007) asserted that generally, the receipts favor the licensee whereas the sales generally favor the licensor
3. Free on Board (FOB) sales treatment. FOB is a legal term specifying that the buyer of items from the international commerce will have the legal responsibility of arranging and paying for shipment of the goods purchased from the point the goods pas the rail of the ship at the home port of the seller. However, FOB is used in license agreement more broadly to any scenario where the other buyer or retailer takes the delivery of the location of the licensee and ships the products licensed to the expense of the buyer, essentially removing insurance, freight, related shipping expenses, and customs from the net sales price of the licensee. This definitely results in lower royalties on the part of the licensor, in comparison to the non-FOB sale of similar goods.
4. Minimum guaranteed royalties

This represents a contractual commitment to pay the licensor an agreed amount of royalties by the licensee regardless of the exact sales amount of the products licensed if any. () stated that advance payments are also part of minimum guaranteed royalties paid at the license agreement inception. The minimum guaranteed royalties are usually negotiated based on a certain percentage of royalties expected to be earned. They intend to motivate the licensee to promote the sale and development of the products licensed diligently in the marketplace and reduce the risk of the licensor by guaranteeing a minimum rate of return.

1. Quality control and approvals

According to (), trademarks operate as designators that give the consumers a predictive ability to predict product quality they buy. Without the consistency in quality, the buyers not aided would be misled, by relying on trademarks. The licensor of a trademark that does not control and monitor its licensed products is regarded as to have granted a naked license which may lead to complete loss or abandonment of the trademark rights of the licensor. To avoid that, every trademark license agreement must have provisions for quality control that applies to the products licensed and also related packaging, marketing, and advertising materials. Furthermore, the approval proviso should have mechanisms workable by which the licensor can monitor the compliance of the licensee.

(B)- Infringement quality control (bare license UK, naked license US)

Herzfeld, O., & Bergovoy, R. (2007). Trademark licensing is made easy.

Herman Bailey

With a student-centered approach, I create engaging and informative blog posts that tackle relevant topics for students. My content aims to equip students with the knowledge and tools they need to succeed academically and beyond.

The Impact of Nurse Attitudes on Patient Education

by Herman Bailey | May 9, 2023 | Essays | 0 comments

 Introduction

The study focused on understanding aspects of the nurse’s attitude towards education of their patients. Normally, nurses are often charged with the role of educating patients regarding various aspects of their treatment and general health. Surprisingly, not all nurses understand the importance of this education towards the general wellbeing of the patient. A review of the literature shows that the attitude of the nurse towards patient education is primary in ensuring the success of the initiative. Without a positive attitude and confidence in the program, failure is imminent. Much concern has been raised on the skills as well as attitude of the nurses.

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It is important to note that the nurse attitude may not be as opposed to the program itself but may rather stem from the lack of knowledge and skills to handle patient education. The criterion given for patient education is in many cases something acquired practically rather than taught and examined under the professional instruction. In rural communities, there is need to employ time as well as energy in basic patient instruction, something that the nurses may not have mastered while training. Further there is the belief that the patients will not follow the instructions given even after careful education and instruction.

According to Krau and Prevost (2011), Patient education can be categorized into four major categories and these are:

• Education aimed at understanding the patient’s condition and behavior that could improve the chances of recovery
• Education directed at assessing the needs and requirements of the patient in managing their own health
• Discharge instructions that are vital towards the recovery of the patient.

From the above categories, it is obvious that patient education is a vital step towards full recovery of the patient.

Justification

Research has shown that patient education is a major rather than minor process of intervention that falls categorically under the nursing roles, (Mutagh 2000).  Professionally nurses are socialized to develop and mature skills that are directly involved in the success of patient education. In the rural communities, hospitals are few and the hospital workers are getting fewer each year. Surveys have indicated that the number of patients versus the bed space in rural communities is decreasing each year. The result is that discharge often happens earlier.  This means that patient education will be vital to ensure full recovery of the patients.  Nurses ultimately spend more time caring for patients and interact more with them than other health care professionals. This means that the duty of patient care intentionally falls squarely upon their shoulders. As the rural hospitals work more towards cost containment and management of the increasing number of patients, greater emphasis will be on the nurses and their role in patient education. Caring for the patient is no longer adequate, nurses need to ensure that the patients understand their diseases, their own needs and can manage their own care with little or no assistance.  However, this will not be possible if the nurse themselves poses negative attitudes and are uncomfortable with engaging patients. From an early stage it is important to engage the skills of the nurse in proper training to ensure confidence while interacting with patients. This study also identified several barriers towards the attitude of nurses in patient education. This will allow proper assessment and management of such barriers towards the growth and success of nurses in rural patient education.

Variables:

Independent variables

The main independent variable in the study is the patient education programs. Recent focus on the health care and the cost of the same have forced majority of the patients to become proactive in their own health care. These emerging patterns mean that nurses are now being called upon to actively participate and engage in patient education. It is important to note that there is nothing new or unique about patient education. Patient education in itself is as old as the nursing profession. Patients have often been forced to receive care from home especially in cases of terminally ill patients.  Professional organizations have taken the responsibility of encouraging nurses to engage patients in their own care. Some studies have shown that patient education not only leads to more affordable health care but also ensures faster and more sustainable processes of recovery for the patients.

Dependent variable

Nurse’s attitudes are the main dependent variable for this study. The role of the nurse is vital in ensuring that patient education is effective. Various researchers have identified nurse attitudes as the main reason why the patient education is failing or succeeding.  Attitudes come from socialization and skill development. Institutions training nurses are now charged with the responsibility of ensuring that they socialize students towards accepting their role and appreciating the importance of patient education.

A second dependent variable is the comfort of nurses while dealing with patient education. Comfort is defined as the confidence and security in theory own skills. Nurses who are comfortable with patient education are more willing to engage their patients.

Research Design

The research employed a descriptive survey. This design includes gathering data without manipulating or changing any of the variables. This design is important in developing and ensuring that the data presented is accurate. The descriptive research design gives strength to the data, and allows the researcher to document events as they happen.

In this research, the data instruments employed involved questionnaire administration. The instruments used were developed by Stanton (1986). This instrument has proved adequate and indeed every effective in measuring the attitude of individuals as well as their comfort within various subjects. Because the data gathered was already measured using the lickert scale, entry and analysis was a simple step.

This study employed qualitative data analysis methods to present the results of the data collection. The data collected on the various variables being tested was entered into the SPSS version 15 package. Once entered, analysis that is thematic and content analysis were carried out to determine the interpretation of the results.  Various statistical tests were applied where necessary to interpret the collected information. Responses to the open and closed-ended questions of the indicators to the main variables contained in the model were numerically coded for entry into the computer. The coded qualitative data was rated using scale top score the responses to numerically express the magnitude of the variables for summary and analysis.

Strengths Of The Research

Highlights the importance of role orientation: there has been speculation on the importance of socializing nurses into patient education. This study shows that while job orientation may not be as important, the importance of the role socialization cannot be ignored. This means that from the first day of training in nursing institutions, individuals need to be exposed to patient education. This way they develop the right skills and experience that is vital towards being comfortable and confident with the patients. Redman (2001) states that Institutions have often focused on giving nurses other skills and left socialization into patient education for the institutions. As can be seen from this study, this is however far from being effective.

Emphasize the need for experience: like any other profession nursing requires excellent skill development to improve the confidence of the nurses. Though one maybe professionally trained, the theoretical knowledge often does not match the practical requirement. To ensure that more nurses are confident and comfortable with patient education, it is vital for the nurses to continually be engaged in the process of patient education.

Experienced nurses can also be used to orient the younger and newer professionals. Experience allows nurses to navigate through the challenges that often cause discomfort with patient education. They can anticipate the challenges and therefore prepare adequately for the same, (Bastable 2006).

Data is an adequate representation of the present situations: the data was gathered through a survey. This means that the attitudes measured and the level of comfort indicated was as it is on the ground. No changes were made to the data and therefore it can be considered as proper, present and adequate representation of the nurse attitudes in the hospitals. Further, during the process of data collection, nurses were able to learn more about themselves, their skills and studies and therefore ways in which they can improve on both thus benefiting the patients as well as themselves.

Weakness

Sampling: the study employed a non-random sample of the nurses. While a random sample provides a more representative sample, a non-random sample does not. In this case, it is impossible to calculate the chances that a particular nurse would be in the sample and therefore it is also impossible to calculate the bias level. The results of the study are important and can be used to improve on the care of the patients; however, they cannot be generalized to all nurses in the nursing profession. A different study with a different sample could yield completely different results. The reliability and validity of the study cannot be assured.

Attitudes of other healthcare professionals: while the study focused on education, skill attainment and even socialization into patient care; a gap was identified with regard to the attitudes of other health care professionals. Often the attitude of clinicians and doctors can rub off on the nurses. Where they do not appreciate or recognize the importance of patient education, it is likely that it will be ignored and takes a back seat, (Rankin and Stallings 2001). This aspect of measuring attitudes was not included in the measuring instruments.

Self diagnosis: instruments of data collection were anonymously distributed, gathered and analyzed. This provides a weakness in the process of research. With such a data collection method, the data in itself cannot be proved and is not rich. Whereas individuals maybe prone to be honest because of the anonymity, there is the concern of social biasness and concern. They may elect answers that seem more preferable to them socially rather than the exact truth. Further, the researcher has no advantage of non-verbal cues to rely upon.

Conclusion

It is important to note that the majority of the nurses in themselves recognize the importance of patient education. However, they have no time or resources to devote towards proper teaching and training of the patients. This in turn means that patient education is no longer a priority to them. Such attitudes are most likely to deteriorate the quality of education that they give the patients.

Further, patient education is not a haphazard training technique. It needs to be structured and well centered to the needs of the patient. The nurse needs to develop the right skills in order to confidently ensure that they are able to handle the challenges that come with patient education. Patient education should not take a back seat during training on the job and in school. In both settings, institutions are charged with the responsibility of ingraining the importance of patient education and the role of the educator to the nurses.

References

Bastable, S. B. (2006). Essentials of patient education. Sudbury, MA: Jones and Bartlett Publishers.

Krau, S. D., & Prevost, S. S. (2011). Patient education. Philadelphia, Pa: Saunders.

Murtagh, J. (2000). Patient education. Sydney: McGraw-Hill.

Rankin, S. H., & Stallings, K. D. (2001). Patient education: Principles & practices. Philadelphia, PA: Lippincott.

Redman, B. K. (2001). The practice of patient education. St. Louis, Mo: Mosby.

Stanton, M. P. (January 01, 1986). Nurses’ attitude toward nurse-patient interaction in the patient-teaching situation. Nursing Success Today, 3, 4, 12-9.

Herman Bailey

With a student-centered approach, I create engaging and informative blog posts that tackle relevant topics for students. My content aims to equip students with the knowledge and tools they need to succeed academically and beyond.

Exploring Postmodern Features in Calvino’s “If on a Winter’s Night a Traveler”

by Herman Bailey | May 9, 2023 | Essays | 0 comments

Postmodern literature is difficult to define because of its novel techniques, versatile ideas as well as vast deviations from the traditional novel writings. A novel with postmodern fiction features is controversial and challenging in nature. Moreover, certain features in a novel like self-reflection do illustrate postmodernism. Calvino’s novel of 1979 “If on a Winter’s night a traveler” is worth examining as it aids in understanding the features of postmodern literature. The novel is about the reading experience, an individual’s way of thinking, and feeling concerning reading. The novel is not only captivating but also indicates innovative work in postmodern fiction circles. Also, it is unique as it deviates from the obvious objectivity provided by the omniscient external narration always found in nearly all traditional books as explicated by Calvino and William (13-18). Calvino makes the reader apart of the novel by constantly using the pronoun ‘you’. He creates a direct relationship between the author, the text,t, and the readers. Calvino’s novel portrays numerous remarkable literary devices that use “key characteristics” of postmodern fiction as illustrated by (Woods, pp.65-66). This essay analyses Calvino’s novel, “If on a winter’s night a traveler”, regarding postmodern features and their application in the novel as well as the novel’s various themes.

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Meta-fiction is a postmodern feature that has been exhibited by Calvino. Meta-fiction is employed to aid in convincing the readers to view the authors’ writings as pure imaginations as it involves the author’s ability to control the novel’s characters – the story is told in such a way that proves that it has been made up as implied by Woods (49). for instance, Calvino’s use of meta-fiction is facilitated by the use of the second-person pronoun, ‘you’ to refer to the readers giving the impression that the readers are experiencing “If on a winter’s night a traveler” as they read the novel within the meta-fiction framework from the begging of the novel. Calvino’s remarks that claimed that one may find him/herself a prisoner of a system in which every aspect of life is fake indicates his attempt to dissolve the disconnection between the narrative’s texts and the perceived reality being careful not to pinpoint that the text reflects the society as implied by Calvino and William (72-94).

Calvino also employs self-reflexivity throughout the novel. His self-conscious writings seem to be constantly questioning his narration at the same time raising moderate amounts of satire and humor to demonstrate the poststructuralist view regarding reading over writing hierarchy. He achieves this by subversion and restating which puts the German Romantics theory into practice as implied by. Calvino does believe that the decisive moment in literacy life is the reading act and that the procedure of composing literature has been reassembled after being taken into pieces as he makes it clear in the novel through the protagonist, Ludmilla, who indicates a lack of desire in the writing act instead opt to get involved in the reading act alone as implied by Calvino and William (27-28).

Calvino uses fragmented novel sections to achieve the abolition of the cultural divide of low and high culture. He employs multiple fictive selves which is a feature of postmodernism. Calvino combines everything from thriller, adventure, and mystery genres to classical fiction forms that are more traditional. The novel has been referred to as highbrow as most introductory chapters within the novel differ in plot, theme, and genre. The multiplicity of the storylines interspersed into the underlying narrative aided in creating a definite inter-textuality sense between the narratives supported by a sense of pastiche or imitation of style that guides Ludmilla and other readers through the numerous fiction stories that are all disconnected and unfinished as implied by Nell and Cohen (27-29).

Another interesting aspect is the identity notion present in the novel. The story majorly leans towards questioning the process of all job related important information. It is a procedure by which duties, nature of jobs and people to be hired are determined. The information can be used in the writing act itself as well as the ontological uncertainty. Calvino uses incomplete narrative stories to illustrate a postmodern situation in literature which strengthens his view of the world as he reasons that the world‘s reality is given meaning by culture and language and disagrees with the notion that that reality may exist outside culture and language in a meaningful way illustrating that the meaning of knowledge is centered upon the reality of an individual’s awareness. He uses literature as his own way of knowing knowledge thus stresses the perception that this genre ought to ensure the involvement of the reader to obtain meaning as he/she reads as explained by Calvino and William (24-33).

Calvino employs disrupt narrative techniques by using literacy complexity at play which is a feature of postmodernism. The use of this assist in influencing the readers’ judgment by trying to shape their opinions and feelings as well as maintaining them beyond the postmodern text. The printing helps to disrupt an intentional choice to end the text and the decision to end the text does not reflect the reader’s experience as implied by Weiss (67).

Calvino alters the reader and the text through his creative choices implying that the author manipulates the readers as much as they think the text is independent of the author. However, it is thought that maybe the text is the autonomy of the author, particularly that imprisons Flanner of Calvino and by extension of his readers. It is argued that absence and impossibility are functions of postmodernity since the readers’ relationship with an emasculated, absent author is unavoidable as explained by Calvino and William (49).

“If on a writer’s night a traveler” is a complex and innovative novel that is applicable on various levels across various themes. Meta-fiction questions people’s reality notion and its connection with fictional or even counterfeit in the postmodern world. Other aspects showcasing the work include identity, inter-textuality, and originality (Calvino and William113). Uncertainty, complexity, frustration, and confusion are all features of the contemporary world as seen and experienced by Calvino. Moreover, all the themes portray the sense of irony, intelligence, and humor and during the end, Calvino’s work turns out to be a self-reflexive game that is clever as the author appears to be playing with us, the readers as described by Sullivan (158).

In Calvino’s novel, “If on a winter’s night a traveler” the impracticable event of postmodernity is compared to prison. Practically all of the text, in the IntraText or main narrative, is written from the perspective of men trying to conquer women. However, this is not the case when the Narrator describes the viewpoint of the Other Reader (Calvino and William 15). Thus ought not to be mistaken for Calvino’s attempt to free female awareness from the male opinions in text. This alteration of the perception to a female from a male point of view is another approach in which the author and his supreme Narrator change the Reader’s subjectivity. The Reader has a slower progression from suffered book-lover to the international detective as well as a victim of textual Twilight Zone as confirmed by Calvino statement that says, “The you that were shifted to the Other Reader can, at any sentence be addressed to you again. You are always a possible you.” (Calvino and William 16). Calvino uses this method together with others to make an impression upon the Reader that the weakness of their bias in its submissiveness or helplessness of the supreme Narrator’s and, through this extension shows a gendered tone as implied by Sullivan (160).

The novel is subjective thus illustrates postmodernism since the postmodernism tales continue even if the tale is over. Sullivan (156) compliments the novel for its outstandingly untraditional use of several aspects and progressiveness. For instance, the postmodern journey begins and continues with Ludmilla’s question of whether ‘you’ have completed reading the novel but you are almost finished implying that the story is continuous as stated by Calvino and William (260).

If on a winter’s a traveler struggles with philosophical postmodernity limitations at various levels. Calvino acknowledges the continuous incomplete state which resulted from postmodernism where the absent text is a framework and a tool for experiencing the work. The exploration of reading and postmodern term papers, sample essays, thesis papers, research papers, book reviews, dissertations, speeches, book reports, and other assignments. Exclusive writing self-consciously by Calvino is multilayered since he uses comparative regularity that indicates one or the other intra-text from the main narrative text and is disrupted. In this novel, Calvino blurs the lines between the Reader and the reader together with the text which is unchanged hence not jointly exclusive thus basically contradictory as described by Calvino and William (57-68).

Therefore, the printer’s interruption of the reader’s reading of Calvino’s novel does not disrupt the reader because the reader is the character within the absent text since the reader continues to confront the novel as a text created of absent text. The reader gets involved within the impossibility of the novel, experiencing the text from his/her point of view implying that they are the character of the missing text. Thus, “If on a winter’s night a traveler” is considered a perfect example of the philosophical gray zone which Bewes constantly refers to in his dissection of postmodernity as implied by Calvino and William (14).

In conclusion, what would seem to be a plea by Calvino to understand that mutual human behavior? In her quote, “…the mind shapes itself to the body, and, roaming round its gilt cage, only seeks to adorn its prison of postmodernity is, in reality, a hoax, something of a ruse, or an appeal to the Stockholm syndrome?  Through sexualizing and gendering, this novel by Calvino turns out to be highly ironic.  “If on a winter’s night a traveler” is a novel in disrepair, in pieces, and resides as a metaphor for the entire literature within the postmodernity genre.

Works Cited

Calvino, Italo, and William Weaver. If on a Winter’s Night a Traveler. Harcourt Brace Jovanovich, 1979. Print.

McCabe, Nell H., and Samuel S. Cohen. Explicating the Incipits a Writer’s Journey in Italo Calvino’s If on a Winter’s Night a Traveler. Columbia, Mo.: U of Missouri–Columbia, 2010. Print.

Sullivan, Laura. “Women Reading Calvino Reading Calvino.” Mississippi Philological Association (1994): 156-169

Weiss, Beno. Understanding Italo Calvino. Columbia, S.C.: U of South Carolina, 1993. Print.

Woods, Tim. Beginning Postmodernism. Manchester: Manchester UP; 1999. Print.

Herman Bailey

With a student-centered approach, I create engaging and informative blog posts that tackle relevant topics for students. My content aims to equip students with the knowledge and tools they need to succeed academically and beyond.

Transforming Healthcare: The Benefits and Implementation of Electronic Health Records

by Herman Bailey | May 9, 2023 | Essays | 0 comments

Overview of TSF consultant management

TSF consultant management is a dedicated software consultant with many years of experience in the successful installation of electronic health record software in several medical facilities. TSF consultant Management Company is a registered company in the country under the registration of companies Act. The headquarters of TSF consulting management company in New York City. The company has built a fruitful and good rapport with many government departments, agencies, firms, NGOs among others both nationally and internationally. The application of electronic health records has been growing in recent years and this has seen the TSF consultant management company offering its services to many health centers and medical facilities. Many organizations are adopting electronic health records methods because of their numerous advantages over the manual method of data storage. To assist in the improvement and installation of electronic health records, TSF consultant management has promoted and championed the campaign of the technological shift from manual systems to electronic systems in record keeping. The TSF consulting Management Company has positioned itself in the market to work with both government and private organizations with a focus on revolutionizing the keeping of records in health care facilities.

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The importance of electronics health record and positive impacts

When the electronic health records are functional fully and are exchangeable, it offers many benefits more than manual records. The importance of electronic health records as highlighted by Walker (2005) include:

1. Increasing the participation of the patients in their care
2. Improving the convenience and quality of their care
3. Improving the coordination of care
4. Improving the health outcomes and diagnosis accuracy
5. Increasing cost savings and practice efficiencies.

Objectives of the software

1. To customize the software to the needs of the health care providers
2. To integrate all the healthcare systems using the software and improve coordination
3. To make it web-based to be accessible anywhere, on any operating system and any type of device
4. To be of meaningful use to the users, by engaging the families and the patients in the care, and not to create more problems
5. To improve care safety, quality, efficacy, and lastly to reduce health disparities
6. Improve the public and the population health
7. To ensure adequate security and privacy protections

Information system today Change in culture (computer culture)

The world has been transformed radically by digital technology, courtesy of the tablets, smartphones, and devices that are web-enabled which has transformed people’s daily lives and the way communication takes place. Lehmann (2006) observed that medicine is an enterprise that is rich in information. Electronic health records have created a more seamless and greater information flow within the infrastructure of digital health care. This leverages and encompasses digital progress and helps in transformation in the manner care is delivered and also delivered. With the presence of electronic health records software, information is made readily accessible and available to all parties wherever and whenever they require or it is needed.

The electronic health records software also enables physicians to automate the workflow. It also assists in customizable and flexible documentation of the patients. This is configured to complement the physician’s clinical approach and work style. The health care providers can use the visual notes designer in laying out their own notes and to their exact preference. Similarly, health care providers can utilize the third party tools such as speech and transcription to enter notes according to their desired workflow. Lastly, the flexible documentation helps in creating the auto-fill charge slip. The modifier codes, diagnosis, and procedure are sent directly to the tools for medical billing (Lehmann 2006).

Walker (2005) indicated that it also enables the physicians to view their patient’s information in their own way. They can scan allergy, problems lists, and medication in addition to reviewing the social, family, and medical histories within the same view. Furthermore, the physician can also configure the chart of the patient to their preference. Moreover, the electronic data software can be easily be organized to compliment the workflow of the heath care providers. For instance, the user-definable folders help in keeping the charts of the patients organized in folders that are similar to a paper chart. On the other hand, the role-based views and preferences enable each user and the provider to create custom preferences and views. Lastly, it enables the health care providers to view the charts in their own way. This is enabled by configuring the patient charts and organizing the information the way they desire it to look.

The electronic health records software also trend the health of patient across visits and over time. The custom and predefined flow sheers provide a table and graphical summary of the changing factors, from the vital signs of the patient or weight to the medications and treatments are given. Additionally, the results populate into flow sheets automatically (Walker 2005).

The electronic health records software also creates custom health plans. The maintenance plans and health protocols can be assigned to a group or individual patients. Similarly, the health watcher sends reminders automatically to the people and the physicians with the best practices of aware of the medical product and its side effects. According to NHS, before they are made available, vaccines have to be tested by MHRA (Medicines and healthcare and medical advice. For instance, the software will automatically alert nurses for prescription refills, appointments recall, and lab orders. It easily creates health plans that are customizable based on the parameter-based triggers, and clinical decision. The parameters may include lab results, diagnosis, age, and sex.

The electronic health records software also helps in analyzing, monitoring, and quantifying the population’s health. The use of customizable and built-in reports in analyzing and monitoring the populations of the patients. This improves the care quality and ensures there is consistency in care across the physicians’ practice. There is meaningful use of the reports which quickly track and review the achieved progress towards compliance meaningful use (Lehmann 2006). Moreover, there is an easily built list of patients with structured results and data. Lastly, the health analytics of the patient allows the health care provider to quantify their health care processes and outcomes.

The electronic health records software also receive and share the health information electronically. This enables the health care providers to coordinate care across the healthcare settings. Similarly, it also enables the management of their own health, and this is possible by empowering the patients. Therefore, the nurses and other health care providers to electronically exchange and receives orders, referrals, results, medical results, consults, and summaries among others. For instance, the software transmits electronically the health-related data to public health registries, immunization, and cancer registries. Moreover, managing the transition of care has been made easy because the patient clinical information can be shared with the outside hospital entries, next care provider, and also exchange of health information. Lastly, sharing of the information electronically enables the secure exchange of documents. The imaging and interfaced lab results flow to the chart of the patient automatically. This saves time for the patient and also to the physician (Walker 2005).

Competitive Advantages that the system will provide

Electronic health records have a competitive advantage over the manual keeping of records about more accuracy, faster, cheaper, productivity gain, and greater consistency. According to Lehmann (2006), paper-based records or the manual keeping of records requires a larger space for storage in comparison to digital records. Moreover, the costs of storing media such as film and paper per information unit differ significantly from the electronic media storage.

Walker (2005) indicated that when the paper storage is in different locations, bringing them to a single place for review by the provider of health care is complicated and time consuming. This process can be simplified with digital or electronic storage. Another example is suggested by Lehmann (2006), when paper-based records are needed in multiple locations, faxing, copying and the costs of transportation are significant in comparison to the duplication and transferring of the electronic records.

Walker (2005) also pointed out that the handwritten medical records can also be linked to poor legibility, and can also contribute to medical errors. However, the standardization of the abbreviations, the pre-printed forms, and the penmanship standards was encouraged in the medical field to improve the reliability of the medical paper records. Electronic records assist with the standardization of abbreviations, terminology, forms, and input of data. Furthermore, digitization of forms also facilitates data collection for clinical and epidemiological studies.

The electronic health records can also be updated continuously but within particular legal limitations. Lehmann (2006) argued that the ability to exchange records between different electronic medical records also referred to as “interoperability” would enhance the coordination of the delivery of health care in the health care facilities that are non-affiliated. Additionally, electronic system data can be used for statistical reporting anonymously in areas such as resource management, quality improvement, and the surveillance of the communicable diseases of the public health

Cost and benefit and their contrast

Walker (2005) pointed out that many studies estimate the purchasing and installation cost of electric health records to range between $15,000- $70,000 depending on the provider. The costs vary on the electronic health records depending on whether the organization selected web-based or on-site electronic health record deployment. The web-based deployment of HER also referred to as the software as a service, required the providers to pay the fixed monthly cost subscription. However, on-site deployment requires the providers to pay an ongoing cost to manage and support the data services of the onsite.

The average costs of the installation of the electronic health records software as estimated by the IT center of Michigan center are provided in the table below. The costs consist of the hardware, the HER software, implementation assistance, training, and the fee of the ongoing network maintenance (Lehmann 2006).

The help of Electronic health record software to Health First Medical health center

In health centers like Health First Medical, installation of the electronic health record software can assist very much. The following are various areas the software can benefit an organization as indicated by Walker (2005):

1. Potential savings

Installation of the software can help a health center in saving some of their costs. This is because of their improved efficiency which cut down costs that could have been incurred when the health center was using the paper-based record keeping

2. Quality improvement

Quality will improve with the installation of the electronic health record because of the integrated patients’ databases across a larger population. The integration will yield much information o the treatments which work best. Moreover, effectiveness will be realized by following patients over a span of many years. Lehmann (2006) asserted that the patients with complex health conditions will benefit from better coordination and communication. However, the quality will only be improved in a health center if they invest in training and also redesigning processes to make good use of the technology.

3. Increase care access

Lehmann (2006) indicated that the installation of the electronic health records software has the potential of increasing access to care to the health center. The advantage of storing the records of the patients electronically is when consulting with a physician, the distance becomes irrelevant. Through the installation of the software, the doctors can attend or communicates with the patients through email or telephone. This is beneficial to the patients in managing chronic diseases.

Software Activation or Utilization and Its Protection

After installation of the software, TSF consultant Management Company assists its clients to protect the software and the data in many ways. First of all, it helps in the creation of unlockable passwords that are secure. The company has password management software that helps its clients to void the risks of unauthorized people accessing the login information and accessing the health centers accounts.  Similarly, the TSF consultant Management Company provides private data activation for every individual working in the health care facilities. This will enable privacy and avoidance of tampering with the stored information by the individual health care provider.

Because electronic health records involve many parties, that is the families, paper will examine the systems of heath care in United States and Canada and try to make comparisons. In United States, the health care providers and the patients, protection of the clients’ data or information is very crucial to avoid legal problems. TSF consultant Management Company provides data protection services to their clients. To protect the data, TSF consultant management does the following as pointed out by Walker (2005):

1. Encourage the health care facilities to turn off their computers at night
2. Using of the password on the computers, when accessing the operating systems and the sensitive files and email attachments
3. Backing up the data of their clients
4. Running tests to test the backups at the interval
5. Securing the wireless networks of the healthcare facilities
6. Using a firewall or antivirus software on the computers
7. Removing metadata before sending files through emails
8. Moving of the “Reply to all” and the “Forward” buttons in the e-mail programs

Special security to the top officials is also provided to the health care centers. This is for the protection of the sensitive or for control of the general applications that are used by many people. Moreover, the electronic health resources software provided by TSF consultant Management Company has an application for picture identification of every client through file sharing. This is a smart software that does not just identify the basic information that is needed by the health care providers’ from a client, but it also verifies the information. Therefore, it prevents fraud as it confirms the client to the physician is who band whom they claim to be (Walker 2005).

For the protection of the installed electronic health records software, an antivirus is also installed for protection. The antivirus easily checks the computer systems for any virus or worms, it quickly finds out if the computers of the facility are at risk by detecting the threats that are in the running processes, and finally eradicates any malware in the computer systems (Walker 2005). Upon the request of the customers, TSF consultant Management Company also provides a virtual private network to enhance software and data protection. This will enable the organizations to benefit from their set policies, share information on the internet, and enhanced security. Lastly on the protection of data, the company in collaboration with the client organizations trains the employers how to use the software to avoid losses and to increase efficiency. This is done by educating the employees on the privacy policies and rules of using electronic health records. The training includes elaborating on who is allowed to access or use the equipment, the requirement of password protection, logging off procedures and securing the organization’s equipment, email usage, protection of the organization’s sensitive information, and requirements for data transfer (Lehmann 2006).

The difference between customizing and off-the-shelf software

Steps in carrying out HER software installation by TSF consultant Management Company

In carrying out the installation of the software, TSF consultant Management Company uses the following six-step road map as suggested by Walker (2005).

1. Assessment: In this stage, a project team is formed comprising of members of the clines organization and the staff of TSF consultant Management Company. The team regularly meet and conduct an assessment of the office and the equipment
2. Planning: Reviewing of the data collected during the assessment stage. The electronic health records implementation objectives are defined, in addition to, identifying improvement opportunities
3. Selection: This covers the configuration of an EHR system, the process of selection, and the objectives achieved based on the selection. Moreover, selection of the HER system is done in this stage
4. Implementation: implementation plan is formulated, with the timelines agreed upon with TSF consultant Management Company. This includes installation, the configuration of the software, and the hardware. Furthermore, training of staff and testing is conducted.
5. Evaluation: conduction of post-implementation review and experiences are updated.
6. Improvement: modification of EHR is done to resolve encountered issues during the evaluation stage.

 Conclusion

In conclusion, EHR is the best way health care organizations should adopt to automate healthcare delivery. There are many benefits of the HER system compared to the manual keeping of records as outlined in the discussion. Furthermore, it is cheap and cost-effective in addition to a high level of security and protection of the data. To revolutionize the healthcare sector, the adoption of HER systems is the best way to go.

References

Lehmann, H. P. (2006). Aspects of electronic health record systems. New York, Springer. Accessed from http://dx.doi.org/10.1007/0-387-34001-7.

Walker, J. M., Walker, J. M., Bieber, E. J., & Richards, F. (2005). Implementing an electronic health record system. London, Springer. Accessed from http://public.eblib.com/EBLPublic/PublicView.do?ptiID=303743.

Herman Bailey

With a student-centered approach, I create engaging and informative blog posts that tackle relevant topics for students. My content aims to equip students with the knowledge and tools they need to succeed academically and beyond.

Political Pressure and the Challenges Faced by the Judiciary in Post-War Iraq

by Herman Bailey | May 8, 2023 | Essays | 0 comments

Introduction

Most theories of the constitution require that the judiciary be separate and independent from the government so as to ensure the rule of law. This implies that the law is enforced consistently and impartially without undue influence from internal and external forces and no matter who is in power.[1] The central principle in Iraqi judicial system holds that judges should reach their decisions without any political pressure. The experts who framed the constitution of Iraq shared a commitment to independence of the judiciary, and they structured the government to ensure that the court judges would have appropriate measure of independence from the legislative and executive branches of the government composed of politicians. Post war in Iraq saw many political pressures on the judiciary from different political bearings.[2] This section of the thesis will discuss politicization of the judiciary, how and why the politicians exercise pressure on the judiciary in general and also particularly in Iraq. Furthermore, this section will discuss what is wrong with the laws and with the constitution of Iraq. The ways the politicians exercise their pressure will also be elaborated in addition to how bad the situation is in Iraq. Moreover, how the situation affect the judicial independence and the rule of law in Iraq will be discussed deeply as well as how the courts work under the pressure, and how they try stopping the pressure. Lastly, the thesis will propose a solution to the politicization of the judiciary in Iraq before summarizing with a conclusion.

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1.0 The meaning of Politicization of the judiciary

The politics role in the decision making of the judiciary, and the political influence on the judiciary has been a subject of debate for many decades. There are various forms of political influence on the judiciary and they vary considerably. Mallat[3] noted that the question about judicial politics are interwoven often with the question about the court’s role in any government. For example, does the responsiveness of the decision of the judiciary to different political pressures undermine the core functions of the courts? That is to uphold at all times the rule of law? And if the decisions of the judiciary are shaped by the personal political views of the judges, from where do the courts get the legitimacy of overturning policy judgements of the institutions that are elected such as the parliament, president and the regional or state governments. According to International Crisis Group,[4] most people agree generally that politics plays some role in shaping the decision making of the judiciary. However, this general consensus masks the broad diversity of conceptions, views, and theories of how the politics influence the behaviour of the judiciary. Simply put, the nature of the political forces that affect the courts and the ways in which these political forces are brought to bear.

Defining politics is quite capacious. David Easton[5] defined and described politics as the allocation of values authoritatively for a society, while Harold Lasswell defined it as who gets what, how and when.[6] In other words, politics can be described as the fights over whose values and views should prevail in the scarce resources allocation of the society, the struggle over who received different social benefits and also who bears the costs. Never the less, multiple conception of the meaning of politicization of the judiciary, and how it affects the judiciary differ markedly. Therefore, what follows will be a rough map of several possible meanings politicization of the judiciary.

Politics as a discretion of the judiciary

Judicial discretion perhaps is the broadest conception of how politics applies to the courts. Based on this, decisions of the judiciary are political if they are not dictated strictly by the accepted legal authority sources such as relevant precedent, tradition, history or test. That is, when a court judge exercises their personal judgement, they had resorted to a criteria that is outside the law and hence rendered a political decision. For instance, Richard[7] observed that the Supreme Court is political when deciding the constitutional cases in the sense of exercising and having discretionary powers as capacious as that of the legislature

Middle East Watch (Organization)[8] stated that as an empirical matter, it is undeniable that the judges in reaching their decisions enjoy significant discretion. The law by its nature is incapable of providing objectively correct answers to several legal disputes, therefore, providing judges with a fair measure of an open space to operate despite the fact that different norms set acceptability boundaries around the ways in which the judges exercise their judgement, the discretion idea entails their personal choice

Despite this basic empirical validity, this politics conceptions seem too broad in advancing the understanding of the meaning of politicization of the judiciary in meaningful ways. Everyone are in agreement that the authoritative sources of law are typically of often indeterminate in many litigant cases. Therefore, judges exercise personal judgement routinely. As can be seen in many court cases, judges of equal training, commitments and intelligence to uphold the rule of law reach different conclusions in the same case[9]

Fact specific adjudication, case-by-case politics

A second possible meaning of politicization of the judiciary involves the common practice in judiciary that arguably enhance the discretion of the judges and hence is political for the similar reasons to those the thesis discussed in section one. The primary idea is that the judges politicize the judiciary when they fail in deciding the cases in accordance to the bright line and clear rules, bur rather use case specific narrow criteria.[10]

Such kind of judges’ behaviour might be viewed as politicizing the judiciary in two reasons, first, when the courts decline embracing the clear legal principles, it provides the courts with the leeway of reaching the outcome they find genial without themselves committing to any specific rule of law. On this view, United States [11] asserted that weighing all the circumstances and facts then rendering a judgement that is highly contingent is more legislative in nature than judicial. Minimalist, case-by-case decision making inevitably leads to political, results-oriented, unprincipled jurisprudence.

Secondly, by the courts failing to articulate rules that are clear, the judges expand or even preserve the discretion courts will enjoy in the future cases. By this, the understanding is that the critical norm of making decisions in courts is that they must justify publicly their rulings with rationales that in future cases will bind them through stare decisis force.[12] When the courts in their decisions fail to articulate such principles, they leave wider legal questions for another future day, which implies more discretion on the judiciary, and hence more decision making in the future that are result oriented.

1.3 Individual policy preferences as politics

The most common meaning of politicisation of the judiciary perhaps concerns the judges tendency in voting the policy results they find in the immediate cases before them to be most attractive.[13] Courts act politically because or when the judges cast their votes in line with their short term political ideologies of policy preferences. This meaning makes an assumption that judges exercise discretion because without it, there will be no room for pursuing of their policy goals. Just like the other government officials, judges employ their power in cementing their personal views of public policy into law. The judges who are politically conservative would vote consistently vote for conservative results, and the judges who are politically liberal vote consistently for liberal results.[14]

This conception of politicization of the judiciary is associated generally with attitudinalism, a school of thought prominently championed by Spaeth and Segal.[15] The duo together with other scholars have empirically demonstrated that, in certain cases at least, there is a significant association between the pre-existing political views of the judges and their votes. Ricchiardi[16] observed that at all federal judiciary levels, especially the Supreme Court, the variance of voting patterns of the judges correlated with their political ideologies. For instance, in United States, the republican judges vote ore frequently for conservative results whereas the democratic judges vote more frequently for the liberal results.

According to Sullivan[17], it is unclear that the tendency of the judges in voting in ways reflecting their political ideologies is detrimental to the judicial systems or to the legitimacy of the government. Mallat[18] argued that when the judges’ vote in ways reflecting political ideologies of the power holders who were responsible for their appointment such as the voters, parliament or the president, at least to some degree, they are acting in a representative fashion.[19]

Politics as a response to the external power holders

Another way in which the judges might politicize the judicial system is by altering the views so as to accommodate the wishes or the desires of the power holders who are external to the court.[20] This concepts is in contrast to the concept in which the judges promote the judicial institutional interest. According to Middle East Watch (Organization)[21], for the judges to respond to the power holders outside the court, it is majorly because the judicial system is dependent. Largely court are impotent in the face of a determined political opposition from the executive, president or the parliaments.[22] Without the tacit cooperation of these other organs, the decisions of the judiciary are irrelevant largely.[23]

Politics as a response to the public opinion

Another politicization of the judiciary is the concern is the courts responsiveness to the public opinions. In most courts, they are institutionally designed to the judges to consider the opinion of the public when rendering their decisions.[24] Similarly, other courts are buffered institutionally from majoritarian pressures. United States[25] asserted that in some circumstance, the public can exert pressure to the judiciary independently. For instance the public might defy or ignore judicial decisions hence making the courts look powerless. Additionally, the curt judges might care about their public opinions for different reason because it is important to their self-esteem especially the judges of the highest courts inland, the supreme court.[26]

The judges of the courts are appointees of either political parties or the executive. According to Richard [27], many people expect the judges to be competent and fair regardless of their political leanings. Richard[28] further indicated that many judicial rulings in family disputes, traffic cases, personal injury, petty theft and damage and most disputes in business are rarely affected by the judge’s political leanings. Where the philosophical and political views of the judge do affect the rulings are mostly in cases that involve economic freedoms and basic civil liberties. According to Richard,[29] most studies indicate that judges whether thy lean to the left or right side with the government of the day, the majority of the cases which make news often are those where the courts go against the position of the government.

Despite the several talks about the autonomy of the Iraqi judiciary, and the exerted efforts by the legislatures to take resource in the various constitutions to confirm some of the general principles on the judicial systems autonomy, and also to assure that the Iraqi judiciary is not subjected to any other authority other than that of the law and also that the litigation right is guaranteed to all Iraqi citizens. However, from several studies,[30] it is evident that the rule in post war Iraq is practically becoming more restrictive

The regression in Iraqi judiciary pre-war was massive with respect to practice, organization and orientation and one of its major indicators was the judiciary council suppression and transferring the judges affairs and prosecution of the members of the public to the justice council, a body which placed the interest of the government before the autonomy, impartiality and criteria of justice of the judiciary. However, upon judiciary council reinstitution in 2003, opening statement of the preamble read”… the manner in which to impose the rule of law is a judiciary comprised of a free, competent staff that is independent and free from external influences. There is no constitution that is true despite all the freedoms and rights include in it without the judiciary that is autonomous. The Iraqi constitution needs a constitutional judiciary which protects individual rights and not only the rights of small groups, and this is the path to democracy”[31]

The impact of the Iraq occupation by united states on 9th April 2003 raise a number of intellectual, jurisprudence, political and legal problems on the legality on the implemented procedure by the occupation forces, especially those which led to constitutional;, structural, judicial and legal changes.[32] Scharf[33] pointed out that these same changes were rejected in 1949 by the Geneva conventions and their 1977 addendums, except for the necessary procedures on managing occupied zone matters. Although the issuance of resolution No. 1483 UN Security Council in May 2003 legitimised the occupation of Iraq and regarded the international coalition forces as the occupation forces subjected to the Geneva Convention, the laws, decisions and procedures issued by Paul Bremmer, the American civil governor surpassed the adopted international description of the international law.[34]

2.0 How politicians exercise pressure on judiciary and on Iraqi Judiciary

There are several ways in which politicians can exert pressure on the judiciary. First of all, the politicians can influence the public opinion of the judiciary and this may influence how they make decisions that affect the people.[35] Moreover, the executive and the legislature can exert pressure on judiciary through intimidation of demotion, freezing of their administrative funds, passing bad laws so as to affect the decisions of the judges. Intimidation can also be of the personal lives of judges and their families.[36]

In his Article to Iraq Pulse, an online News Paper in Iraq, Harith Al-Qarawee [37] pointed out how the politicians exercise their reassure on the Iraqi judiciary. Harith Al-Qarawee[38] stated that the opponents of Prime Minister Nouri al-Maliki accuse the judiciary of being influenced strongly by the government. Moreover, the opponents accused Nouri al-Maliki of using the judiciary against his perceived opponents. The accusations first came up during the elections of 2010 where the Iraqi Federal Court adopted Article 76 of the constitution interpretation allowing Nouri al-Maliki to form his government despite the fact that his party did not get the highest number of votes. Furthermore, the accusations further arose in July 2010 when the same Iraqi federal court ruled in a disagreement case between the government and the legislature, favoring the government. The ruling eventually weakened the parliament by stripping them off the power of independently legislating from the government.[39] Jeffrey[40] further highlighted the fear of the speaker of the parliament, Osama Nujaifi, that Maliki could again turn to the judiciary for a ruling in which the legislature will be stripped off one of their core remaining powers, of introducing amendments to draft laws sponsored by the government.

According to Easton[41], many people believe that the judiciary is under political influence in Iraq and the government of Nouri al-Maliki succeeded in political influencing and using the judiciary in targeting his political opponents after indictment in 2011 of former Vice President, Tariq Al-Hashemi on charges on terrorism. Similarly, similar terrorism charges were made against Rafi al-Issawi, former finance minister in December 2010.

Poloitical pressure on the Iraqi judiciary has been also evident months leading to the last legislative elections. The Electoral Judicial Committee barred several would-be candidates who were known to be harshly opposing Maliki. For instance, Lasswell[42] indicated that the committee ruled that Rafi al-Issawi was ineligible because he was facing arresting warrants that stem from terrorism and corruption charges and also because he has refused to defend himself in court. Similarly, Electoral Judicial Committee also banned a parliamentarian, Jawas al-Shahaili from the sadrist movement after a complaint by Hanan al-Fatlawi, a legislature in the Maliki’s coalition. Jawad was being accused of embezzling funds. However, despite barring the opponents of Maliki from contesting, the same Electoral Judicial Committee acquitted Mishan al-Jubouri in charges of financially supporting terrorism and corruption. Jubouri was a former opponent of Maliki and later became his ally then his charges were dropped.

3.0 Why politicians exercise pressure on judiciary

The politicians tend to exercise pressure on the judiciary for political gains, revenge, settling personal scores or even to get authority to manipulate the judiciary. The underlying reasons why people tend to exert political pressures on the judiciary globally and Iraq are the same.[43] In 2003, a special panel of the highest appellate court in Iraq, the court of Cassation, in their ruling reversed an important determination of the Accountability and Justice Commission (AJC) of Iraq. AJC was the body responsible for and mandated to purge the members of the Baath party from the offices of the government. One of the earliest determination as discussed earlier concerned Medhat al-Mahmoud, the former justice of the federal Supreme Court of Iraq. Specifically, AJC determined that Medhat was not in any way eligible for any public office because of his previous positions he had held during the era of Saddam Hussein. The AJC went as far as to refer the highly respected judge in Iraq as “Saddamist” who during his tenure taught other judges to commit offenses to the people of Iraq. . The reversal of the determination by the Courts of Cassation was a deep indictment of the whole process by which the process of de-Ba’athification was being conducted and how it infringed on the independence of the judiciary.[44]

Some of the suggestions of AJC was disqualifications of the Baath party former members as set for the in ten different subsections under Article 6 of the Iraqi law. The provisions stated that government employees at that time who belonged to the higher ranks from the fourth rank in the hierarchy Ba’ath party were to be retried forcibly. Those who belonged to the third rank or even higher were not to serve in any security ministries specified: the presidency, the Higher Judicial Council and other positions that were sensitive. The influence and authority to determine who serve in the Higher Judicial Council by AJC was seen as contravening the independence of the judiciary and also putting political pressure on the judiciary.[45]

Heavy political influence on the judiciary in Iraq after post war was also evident in the trial of Medhat al-Mahmoud, the former justice of the federal Supreme Court of Iraq. Rather than a clear judicial process, the AJC engaged in politicization and innuendo and name calling than anything that resemble a proper judicial process. Therefore, the AJC indicated only that they rendered their decision in accordance to Article 6 of the law as guided bysection1.[46] The quoted section 1(9) merely defined “supporters of the regime,” and also do not constitute a ground for any disqualification. Additionally, for section 6, the AJC in their submissions did not specify any subsection or even point to anything that seemed fit under any of the subsections applicable. The evidence of AJC was that (1) the chief justice has assisted in appointing of judiciary members to higher positions who later turned out to be regimes’ strong supporters, (2) that justice had been promoted rapidly through the judiciary ranks, including appointment to the court of Cassation in a process that was unusually and involved Saddam intervention, and (3) that the chief justice was awarded different honors and awards during the period.

From the submissions and arguments of AJC, a body entrusted with expedition of the de-Ba’athification process, it is evident that the processes intended to undermine the judiciary, politicize judicial processes and influence its operations. There is nothing in Article 6 which authorized the AJC to disqualify any individual from a government position, on the grounds set forth by AJC. This was the point the panel of the court of Cassation correctly made with some force. Saeed[47] argued that the decision was to such controversial since it was agreed widely that the chief justice was a Ba’athist of a higher rank, the point in the judicial process was not to act on the bases that it is agreed widely, but only that which is proven conclusively.

4.0 What is wrong with the constitution? Laws?

On 18th September 2003, Decree number. 35 was issued and it aimed at reinstituting the judicial council. Therefore, the reinstituted judicial council became the supervisor and in charge of the entire judicial system from the ministry of justice.[48] Sullivan [49] stated that such modus operandi seek to establishing a state of law despite some inherited persisting applications interfering with the affairs of the judiciary. The decree also reiterated suspension of any existing text which opposed the principle of the judicial independence. Theoretically, the members of the public prosecution and the judge are to practice their duties objectively, impartially and without fear of the administrative procedures such as disciplinary procedures like unjust imprisonment, isolation, punishment, and promotion and transfer. However, the continuation of the terrorism phenomenon and the exacerbation and spread of ethnic sectarianism and political confessionalism has influenced greatly the practical implementation of this feasible principle.

In his opening statement at Nuremberg to the international military Tribunal, Robert Jackson [50] in 1945 stated that the wrongs which people seek to punish or condemn have been so calculated, so devastating and malignant that the civilization can no longer tolerate them being ignored since they cannot even survive being repeated. The great nations stung with injury and flushed with victory, stay the hand of vengeance and submit their captives voluntarily to be judged by law is one of the tributes that power has ever paid significantly to reason. The criminal trials in post war in Iraq has been marred by manipulation. The formation of the of the Iraqi High Criminal Court, also known as the Iraqi High Tribunal a component of the Domestic structure of Iraq which is independent was warranted under the international Law structure, and also accorded with highest aspirations of the individuals who purported to believe in the rule of law. Ricchiardi[51] pointed out that IHT was formed with the main goal of bringing personal accountability of the responsible Ba’athist for depriving the Iraqi of their human rights during the Ba’athist regime, and for extinguishing virtually the rule of law for a period of over three decades. Therefore, it was ironic that the mechanisms created by the Iraqi people to address the failings of the human rights in the past became another vehicle of suppressing and denying people of their human rights.

Justice that is genuine cannot be achieved on the wings of external manipulation and vengeance. The mechanics on how to establish a judiciary free from manipulation and political control were the first concern of the jurists who assesse the formation of IHT in 2003. The jurists were committed to a process that would demonstrate the legal rules power and processes, and that would comply with the norms of human rights over personal hatred, tribal animosity and sectarian revenge.[52] The very essence of a trial that is fair is one where the verdict is not based on emotion and innuendo, but on the introduced quantum of evidence in an open court.

According to International Crisis Group[53], the Iraqi High Criminal was built on the concept of truism that the sovereign states retain the major responsibility for adjudicating defined and promulgated crimes violation under international law. Scharf [54] pointed out that in 2003, the process of statue development was opaque to the world outside, prompting the observers to criticize the IHT that it would operate as a puppet court of the USA or the occupying power. Moreover, its forerunner, the Iraqi Special tribunal (IST), was created during United States occupation and its funding came from United States, for a bout US $ 128 million to date.[55] Moreover, the provisional government appointed by United States selected the judges and prosecutors who were to be assisted by advisors from United States. If indeed IST was promulgated as a sham court formed only to accomplish reoccupation authorities bidding, then it violated the basic human rights of the Ba’athist officials of having an adjudication of their offences based on professional judges’ conscience and highest standards of law free of prejudice and bias.[56]

5.0 How bad is the situation in Iraq?

The level of politicization of the Iraqi judiciary has reached an alarming level where the politicians openly insult the judges and the judges openly collaborate with the government in making their rulings. This has in turn influenced the national politics as those opposed to the government accuse the judiciary of biasness, injustice and being a tool of the executive of fighting the perceived opponents.[57]

In 2013, the chief justice Medhat al-Mahmoud was ousted as the chief justice before being reinstate a week later by the Supreme Court. Politicization of the judiciary was evident during this one week period with the opposition factions led by Vice president Tariq Hashimi, who was tried in absentia being vocal and the attacking Medhat that he legalize injustice in Iraq.[58]

The situation turned from bad to worse as the judiciary seems chaotic, at loggerheads with politicians of the rival factions and also seemed to be supportive of the government. Richard[59] pointed out a mundane issue before the Federal Supreme court of Iraq in 2012 in which the parliament of Iraq abolished the ministry of public works and municipalities and Prime Minister Maliki challenged the powers of the parliament to do so. Judge Medhat, in his ruling held that under Article 60 of the constitution of Iraq, the legislature had no independent authority of enacting a legislation unless a legislation draft was first sent to the parliament by the council of ministers. From his ruling, the perception of the rival political factions was that Medhat was being used by the executive as a legal chicanery in supporting Prime Minister Maliki.[60]

The Article 60 decision outraged the opposition political factions and further united them with an aim of targeting Judge Medhat. Harith Al-Qarawee[61] indicated that the rival alliance envisioned that by passing a legislation on term limits which will be specifically directed to prevent Prime Minister Maliki from contesting for the third term in office. However, with the decision of Article 60, any legislation which did not come from the council of ministers of the prime minister would be unconstitutional. Therefore, to pass a legislation on the term limits, they had to first remove the decision of Article 60. Haider Ala Hamoudi[62] also noted that Chief justice Medhat enjoyed the support of the judiciary, prime minister and the quite patriots.

From the decision of Article 60, several politicians ganged against the judiciary and particularly chief justice Medhat. The rival political factions developed a strategy for first defusing the judicial powers rather than the near autocratic wielded power by Judge Medhat. Therefore, to accomplish their objective, the political rival factions proposed two new laws: that is the new Supreme Court law and the law of the high Judicial Council (HJC) which was the first proposed legislation.[63] The HJC is responsible for recommending judges appointment including the judges of the Supreme Court ad the court of cassation as well as appointing chief justices. United States[64] noted that since the ouster of Saddam Hussein and the inception of HJC, Judge Medhat has been its chairman. Simultaneously, Judge Medhat has been the chief justice of the Supreme Court as well as chief justice of the court of cassation. Under the new law passes in 2012 December, no judge was to hold more than one position. This clearly indicates the political influence and politicization of the judiciary. As indicated that the law of high Judicial Council was to undercut the powers of chief justice Medhat, its drafters were aware that the law was not sustainable under the decision of Article 60 if judge Medhat was to write the court’s opinion. However, by drafting it the way they did, the drafters created a conflict of interest for chief justice as he was an interested party in the litigation.

The situation of judicial politicization grew even worse when the second legislation piece was proposed by the rival factions to Maliki in the new Supreme Court Law. The proposed law was change the Supreme Court structure among other things by creating a combined judicial/shuria court. However, the proposed legislation never passed the council of representatives

Similarly, the Iraqi judiciary has experienced defamation, character assassination of its judges and political maneuvers to undermine the judiciary. The rivalry between the political class and the judiciary was further evidenced by the politicians questioning the character, personality and past legal dealings of the chief justice with the ousted regime of saddam Hussein. Maḥmūd[65] indicated that the greatest vulnerability of judge Medhat was his past relationship with the ousted Saddam Hussein as a private legal counsel. This is a fact widely known within Iraqi political and legal community and has been ignored for a decade.it is important to note that Judge Medhat also appeared before the De Ba’athification committee but was cleared

Sabah al Saadi, an MP accused chief justice as a supporter of the dictatorship of Maliki and also being a relic of Saddam-era. The MP appealed to the Justice and Accountability Commission (JAC), which was formerly the De-Ba’athification commission to conduct an investigation against the judge since it had already an approved letter (Letter #812) against Medhat on 4th December 2006.[66] However, from the JAC’s initial response, it sided with Medhat by denying that Judge Medhat had ever been through the De’athification process and also refuting letter 812 existence. In contrast to the initial comments of JAC, the commission through its chairman Falah Hassan Shanshal ordered the removal of Judge Medhat from the Supreme Court.[67] As a rejoinder, the office of the Prime Minister Maliki dismissed the acting Chairman of JAC, Falah Hassan Shanshal. As expected, Chief Justice Medhat appealed his arrest warrant and his De-Ba’athification was before a panel of eight judges within the court of Cassation. A week later, the court through its decision exonerated Chief Justice Medhat ad restored him to his position of Chief Justice.[68]

6.0 Does this situation affect judicial independence and the rule of law in Iraq?

The judicial independence of in post war Iraq from the influence of the politicians has been a subject in many forums. Historically, the judiciary in Iraq built a reputation for neutrality, independent thinking, proactive adaptation of the new techniques, learning and methodology, and search for justice.[69] To some extent, Ricchiardi [70] indicated that the historical structure gets credit for this as the civil law system allowed the judges to explore both evidence and the arguments provided or presented in the courts. However, Sullivan [71] pointed out that during certain times, post war Iraqi judiciary faces extreme pressure on the judges where different forces and actors prefer less independent cases review.

According to Middle East Watch (Organization)[72], the issued provisional constitution in 1970 stipulated that the independence of the judiciary was a fundamental principle in the new constitution. Additionally, it detailed the methods of courts levels and formation, courts jurisdictions, judicial appointments requirements, conditions for transfer, salary increases, accountability standards and retirement guidelines.[73] Similarly, the judicial Oversight Law No 124 of 1979 expanded further this principle since it entrusted the supervisors of the judiciary, who at that time were the judges, with the task of inspecting and overseeing courts and the judicial and administrative work of the judges. This was a major break for the judiciary from the previous practices where the executive and colonial authorities would do their tasks, and in the process creating potential manipulation areas for the judges or even interference with cases. The post war Iraqi judiciary needs a more detailed examination as there are many instances of political or executive interference with the independence and the rule of law.[74]

Before the formation of the Iraqi’s Federal Supreme Court in 2005, the court of Cessation in Iraq was the highest institution of the judiciary. The provisions that governed the work of the federal courts of Cessation were transited from the court of Cessation. The Organization Law gave the Court of Cassation’s Chief justice of the power of managing and organizing the procedures of the courts. Moreover, the law established presidential panel which comprised of the chief justice and his deputies and few select members of the judicial commissions. Despite the fact this was a step towards the independence of the judiciary, the oversight Law had a requirement that the chief Justice submit annual reports to the justice Council and the minister of justice. Moreover, the Organic Law of the Justice Ministry empowered the minister to hold meetings and seminars with the judges, including the judges of the federal Court to ensure the goals of the government are fulfilled. This shows that the executive power which majorly comprises of the politicians could infringe upon the courts independence by allowing direct application channels of policy pressures on courts and on the judges, in addition to influencing their judicial performance.[75]

The chief justice of every Appellate Court District is charged with the duty of overseeing the courts and their duties within an appellate district, including assigning duties to the judges. Moreover, the law established a council in each appellate district to address the challenges and problems facing the courts. The council or the committees were chaired by the chief justice of the appellate courts and also assisted with their deputies. The council was empowered to refine the procedures to be used and also tasked with performance improvement. Despite the fact that the court of Cassation was associated with the executive through the Justice Ministry’s operation, the appellate courts are linked directly to the executive influence and oversight.[76] Cordesman[77] indicated that Article 18 entrusted the minister of Justice with the oversight role over all judges and courts, including reviewing their formal and personal conduct. Give that the executive is majorly comprised of the politicians, political influence into the judiciary is inevitable.

According to Scharf[78], the judicial Organization Law mandated the formation of a committee that consist of Justice Council selected from the members each year at the beginning, and three judges. Moreover, Articles 3 and 4 of the Law No. 101 f 1977 of the Ministry of Justice outlines the procedures on how to initiate a case against a court judge. In summary, the minister of justice initiate a case against a judge or judges by filling a complaint with the committee.[79] After filing the committee would the review the submissions of both the accused judges or judge and the ministry in terms of the set measures by the law. These set measures guarantee defense to the concerned judge and makes the decision of the committee subject to legal challenge (by either the ministry or the accused judge) before a plenary session of Court of Cassation. The principle or the provision that a judge is investigated and even tried by a disciplinary committee in the related matters to his work or profession is against the independence of the judiciary, is politically influenced and very old. Although the judicial Authority Law and the Judicial Organization law intended to offer a judicial oversight, these laws diverged by only empowering the minister of Justice, and not a judicial committee forms to a refer a judge or judges to the committee.[80] Chron[81] argued that some people may view the mechanism as providing a healthy external check on the judiciary, yet the power restriction to review only by the Justice ministry implied that the judiciary itself has no ability of reviewing its member’s neutrality. This limitation was felt heavily in Iraq when the political pressures grew on the judiciary.

From the above discussion and the mentioned provisions on the political influence on the judiciary, it clearly shows that the independence of the judiciary must be given great consideration. Post war Iraq has seen the political authorities coming primarily from the perspective that the judiciary and also to some extent the legislature, should further the aims, policies of the executive. Therefore, the political class di not promote the doctrine of separation of powers.[82] In reality, the authorities have tried in isolating institutions from the societal democratic influence.

Harith Al-Qarawee [83] also pointed out that during the period of post war in Iraq after the downfall of Saddam Hussein, judicial judges have suffered a great deal in executing their duties. The harassment has been in different forms, but typically, the harassment and intimidation has applied tools that make the judges fear for their own lives or the wellbeing of their families. Additionally, out of favor, the judges with the executive have faced many unjustified transfers, removal from the judiciary to a job in the civil service, disbarment from the legal professional, dismissal and even imprisonment. Furthermore, the control over the judicial profession by the executive resulted in a scenario where qualified lawyers were not permitted to take up jobs in the judiciary because they did not hold the regimes trust. In contrast, unqualified persons were promoted into the judicial service to effect the desired changes by the ruling political class in the executive. Lastly, the provisions that only allow the minister of Justice to review the judges’ performance had a far reaching consequences during the post war period.

7.0 How the courts work under the pressure

The Iraqi judicial system decayed during the three decades in which Saddam Hussein was in power, just like any other public sector in Iraq. The government of Saddam Hussein directed and controlled judges to serve the interest of the government.

According to Saeed Kudaimati[84], the Iraqi judiciary work under fear. For the past three decades before occupation, one political party controlled the judicial system. However, after occupation, there are many political parties in Iraq especially those having militia and the judiciary are in their hands. The court judges constantly live in fear since from 2006, at least 11 court judges has been killed by militias. This clearly indicates that the judiciary cannot function independently or do their jobs properly since the politicians and the militia openly put pressure on the judiciary.

The judges has also been the subject of inflammatory criticism by the officials of the government and the opposing political parties. The process of removal of the judges or disciplining the Iraqi judicial judges has been done under the court of the public opinion championed by the politicians rather than independent judicial procedures.

As much as the judges in most Iraqi cases make their decisions in accordance to the law, sometimes they make their decisions due to political pressures.[85] The judicial system currently face interference from different political factions and they have to operate with it.

Dealing with the terrorism cases has been the biggest problem for the Iraqi judiciary since the terrorist suspects have the backings of different militant groupings. In a case of terrorism, Peretti[86] indicated that a judge cannot feel safe for himself and for his family. For instance, in northern Iraq, in Mosul, a stronghold of the Sunni in late 2004, the region was overrun but the Sunni insurgents associated with al-Qaeda and also the former Baath party members. The court judges could not work there since they were exposed to danger along with their families. Therefore, the supreme judiciary council of Iraq had to send judges from Baghdad to Mosul periodically to ensure the judges could make their decisions free of being reattributed.

The judges has also been working professional with law since the occupation of Iraq. Therefore, if the security forces also arrest someone with no proper evidence, the judges through the law and the legal processes release the defendants.[87]

8.0 The Attempts stop the political pressure

Chief justice Medhat has been very instrumental and vocal in promising to make Iraqi judicial system become more independent, by making it the sole authority that is responsible in punishing crime and also by increasing its powers.[88]

The international community has also been concerned with the state of the Iraqi judiciary and has tried to stop the political pressure on the judiciary. For instance, the Human Rights Watch, based in New York highly criticized the Iraqi government in the way it handled the court case of the former president, Saddam Hussein by saying that the Iraqi’s High Tribunal was not able to fairly and effectively try Saddam and other accused persons according to the International standards.[89] Similarly, international concern was also evident when the same body condemned the manner in which the government of Iraq removed Judge Adulla al-Amiri who was perceived to be impartial by the officials of the government.[90]

The human rights organizations has also been instrumental in stopping the political pressure to the judiciary. The human rights groups such as The Hope of Iraq, Iraqi al Amal has been advocating for proper trial and justice to the defendants unfairly arrested.[91] Moreover, these human rights organizations are concerned about the ability of the defendants who are wealthy and bribe the judiciary officials or buy the support of the judges hence compromising the whole judiciary.

9.0 The solutions on how to reduce the political pressure

Many legal specialists are in agreement that much still is needed to be done to make the Iraqi judiciary truly independent and free from political pressures. To reduce the political pressures on the judiciary, the government need to protect the judicial system from the influential political parties as well as the any social influences to be able to achieve independence.[92]

Another solution that can prevent the Iraqi judiciary from political pressure is for the government to choose carefully the independent judges. Moreover, it should adopt tougher measures against anybody who tries to influence the judicial system for their own political and personal gain. These include putting in pace tougher laws, enacting stringent laws and procedures for selecting court judges.[93]

Another way to reduce political pressure on Iraqi judiciary for the government to fight corruption in the judicial system. Moreover, the judges who were associated with the ousted Baath party of Saddam should be removed from the judiciary. According to the statistics from De Baathifcation commission, at least 37 judges and prosecutors since 2003 who previously had high ranking positions in Baath Party have been dismissed.[94]

Similarly, the judges believed to be having any sympathy to any religious, political or ethnic group or have political links to any political party should step down. It is only through this that the judicial system can be redeemed, changed and made independent.[95]

The court judges also need to work professionally and to keep themselves away from political interference by maintaining integrity.

10.0 Conclusion

In conclusion, this chapter discussed the political pressure on Iraqi judiciary in post war. From the discussion it is evident that post war Iraqi judiciary has faced several political pressures from different political groupings and this has affected its operations. Politicians exercise pressure on the judiciary to get political mileage, get judicial favours or to compromise the judiciary. Several sections of the Iraqi law has many flaws and this has resulted to political manipulation, influence and interference with the judiciary. The Iraqi judiciary can be said to be far from being independent since the government control their budget, influence judges appointment, supervises their administrative work and this in turn affects their legal duties. There are several ways in which the Iraqi judiciary face political pressures, both internally and externally. Some of the ways include judges’ political leanings, threats, and intimidations among others. The situation in Iraqi judiciary has gone worse to the point that instead of the judiciary acting as an arbiter, it has been drawn and used as a tool of intimidating, threatening and undermining the opponents of the rival political factions. Currently, the Iraqi courts work under fear, intimidations, political pressure and lack of independence. Several parties has tried intervening to stop the political; pressures such as the international human rights organizations, local human rights groups and the key among them is the chief Jusice Medhat. To reduce the political pressure on the Iraqi judiciary, the government need to protect the judicial systems, appointment of judges should be transparent and stringent, stop corruption, politically influenced judges removed and the judicial system need to emphasise on professionalism and maintenance of integrity.

11.0 References

2207 Report on Iraq Relief and Reconstruction: Quarterly Update to Congress, Bureau of Resource Management, January[2006], pp. 32–4, available at ,http://www.state.gov/documents/organization/58811.pdf..

Cordesman, Anthony H. Iraq’s Insurgency and the Road to Civil Conflict Vol. 2 Vol. 2. Westport, Conn. [u.a.]: Praeger Security International, [2008].

Easton, David. A Framework for Political Analysis. Englewood Cliffs, N.J.: Prentice-Hall, [1965].

ECHR, Findlay v. UK (1997) ECHR Series A No. 115–116; ECHR, Benthem Case (1985) ECHR Series A No. 97, 615; ECHR, Piersack Case (1981) ECHR Series No. 53, 616.

Haider Ala Hamoudi , ‘Medhat al-Mahmoud and De-Ba’athification in Baghdad’ (JURIST 2013) <http://jurist.org/forum/2013/03/haider-hamoudi-debaathification.php> accessed 22 April 2015

Harith Al-Qarawee, ‘Iraqi Judiciary Accused Of Bias, Failure – Al-Monitor: The Pulse Of The Middle East’ (Al-Monitor, 2015) <http://www.al-monitor.com/pulse/originals/2014/03/iraq-judiciary-accusation-politicized-maliki.html#> accessed 24 April 2015.

Impunity on Trial, Hous. Chron., Oct. 24, [2005], at 6 (“Saddam Hussein’s trial must be fair to show Iraq, and the world, the era of impunity is over.”);

International Crisis Group. Failing Oversight Iraq’s Unchecked Government. Baghdad, Iraq: International Crisis Group, [2011]. <http://www.crisisgroup.org/~/media/Files/Middle%20East%20North%20Africa/Iraq%20Syria%20Lebanon/Iraq/113%20-%20Failing%20Oversight%20-%20Iraqs%20Unchecked%20Government.pdf>.

Jason Koutsoukis and LIVE: service, ‘Rule Of Law In Iraq Under Pressure From Politicians, Terrorists’ (The Sydney Morning Herald, 2010) http://www.smh.com.au/world/rule-of-law-in-iraq-under-pressure-from-politicians-terrorists-20100322-qr8a.html accessed 25 April 2015.

Jeffrey J. Coonjohn and Judge Zuhair al-Maliki1. 201. “Chaos in the Courts Can Iraq’s Embattled Chief Justice Fend-off Presidential Strategists.” IEEE Spectrum.43, no. 2: 22-35.

Lasswell, Harold D. Politics: Who Gets What, When, How. New York: P. Smith, [1950].

M. P. Scharf, ‘Is it international enough? A critique of the Iraqi Special Tribunal in light of the goals of international Justice’, Journal of International Criminal Justice, No. 2, 2004, pp. 330, 331; H. Weinstein, ‘Law experts divided over legitimacy of tribunal’, Los Angeles Times, 10 October [2005].

Maḥmūd, Midḥat. The Judiciary in Iraq: The Path to an Independent Judiciary and Modern Court System. [2014].

Mallat, Chibli. Iraq: Guide to Law and Policy. Austin: Wolters Kluwer Law & Business, [2009].

Middle East Watch (Organization). Human Rights in Iraq. New Haven: Yale University Press, [1990].

Opening Statement to the International Military Tribunal at Nuremberg, Trial of the Major War Criminals before the International Military Tribunal, Vol. II, [1947], p. 98.

Peretti, Terri Jennings. In Defense of a Political Court. Princeton, N.J.: Princeton University Press, 1999. <http://site.ebrary.com/id/10002097>.

Posner, Richard A.. “Foreword: A Political Court”. Harvard Law Review. [2005]. 119, no. 1: 32-102.

Ricchiardi, Sherry. Iraq’s News Media After Saddam Liberation, Repression, and Future Prospects. Washington, DC: Center for International Media Assistance, National Endowment for Democracy, [2011]. <http://cima.ned.org/sites/default/files/CIMA-Iraq_News_Media-Report.pdf>.

Richard W. Rahn, ‘Politicizing The Judiciary’ (Cato Institute, 2013) <http://www.cato.org/publications/commentary/politicizing-judiciary> accessed 24 April 2015.

Saeed Kudaimati, ‘IRAQ: Judicial System Far From Independent’ (IRINnews, 2015) <http://www.irinnews.org/report/61873/iraq-judicial-system-far-from-independent> accessed 25 April 2015.

Segal, Jeffrey Allan, and Harold J. Spaeth. The Supreme Court and the Attitudinal Model Revisited. Cambridge, UK: Cambridge University Press, [2002].

Sullivan, Marisa. Maliki’s Authoritarian Regime. [2013]. <http://www.understandingwar.org/sites/default/files/Malikis-Authoritarian-Regime-Web.pdf>.

United States. Constitutionalism, Human Rights, and the Rule of Law in Iraq: Joint Hearing Before the Subcommittee on Near Eastern and South Asian Affairs of the Committee on Foreign Relations and the Subcommittee on the Constitution, Civil Rights, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Eighth Congress, First Session, June 25, 2003. Washington: U.S. G.P.O., [2003].

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Sullivan, Marisa. Maliki’s Authoritarian Regime. [2013]. <http://www.understandingwar.org/sites/default/files/Malikis-Authoritarian-Regime-Web.pdf>. ↑
Ricchiardi, Sherry. Iraq’s News Media After Saddam Liberation, Repression, and Future Prospects. Washington, DC: Center for International Media Assistance, National Endowment for Democracy, [2011]. <http://cima.ned.org/sites/default/files/CIMA-Iraq_News_Media-Report.pdf>. ↑
Mallat, Chibli. Iraq: Guide to Law and Policy. Austin: Wolters Kluwer Law & Business, [2009]. ↑
International Crisis Group. Failing Oversight Iraq’s Unchecked Government. Baghdad, Iraq: International Crisis Group, [2011]. <http://www.crisisgroup.org/~/media/Files/Middle%20East%20North%20Africa/Iraq%20Syria%20Lebanon/Iraq/113%20-%20Failing%20Oversight%20-%20Iraqs%20Unchecked%20Government.pdf>. ↑
Easton, David. A Framework for Political Analysis. Englewood Cliffs, N.J.: Prentice-Hall, [1965]. ↑
Lasswell, Harold D. Politics: Who Gets What, When, How. New York: P. Smith, [1950]. ↑
Posner, Richard A.. “Foreword: A Political Court”. Harvard Law Review. [2005]. 119, no. 1: 32-102. ↑
Middle East Watch (Organization). Human Rights in Iraq. New Haven: Yale University Press, [1990]. ↑
United States. Constitutionalism, Human Rights, and the Rule of Law in Iraq: Joint Hearing Before the Subcommittee on Near Eastern and South Asian Affairs of the Committee on Foreign Relations and the Subcommittee on the Constitution, Civil Rights, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Eighth Congress, First Session, June 25, 2003. Washington: U.S. G.P.O., [2003]. ↑
Maḥmūd, Midḥat. The Judiciary in Iraq: The Path to an Independent Judiciary and Modern Court System. [2014]. ↑
United States. Examining Recommendations for Improvements to Iraq’s Justice System: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, First Session, January 31, 2007. Washington: U.S. G.P.O., [2007]. ↑
United States. Examining Recommendations For Improvements To Iraq’s Justice System, S. Hrg. 110-5, Serial No. J-110-7, January 31, [2007], 110-1 Hearing, *. [Place of publication not identified]: [publisher not identified], 2007. <http://books.google.com/books?id=f4o1AAAAIAAJ>. ↑
Cordesman, Anthony H. Iraq’s Insurgency and the Road to Civil Conflict Vol. 2 Vol. 2. Westport, Conn. [u.a.]: Praeger Security International, [2008]. ↑
Haider Ala Hamoudi , ‘Medhat al-Mahmoud and De-Ba’athification in Baghdad’ (JURIST 2013) <http://jurist.org/forum/2013/03/haider-hamoudi-debaathification.php> accessed 22 April 2015 ↑
Segal, Jeffrey Allan, and Harold J. Spaeth. The Supreme Court and the Attitudinal Model Revisited. Cambridge, UK: Cambridge University Press, [2002]. ↑
Ricchiardi, Sherry. Iraq’s News Media After Saddam Liberation, Repression, and Future Prospects. Washington, DC: Center for International Media Assistance, National Endowment for Democracy, [2011]. <http://cima.ned.org/sites/default/files/CIMA-Iraq_News_Media-Report.pdf>. ↑
Sullivan, Marisa. Maliki’s Authoritarian Regime. [2013]. <http://www.understandingwar.org/sites/default/files/Malikis-Authoritarian-Regime-Web.pdf>. ↑
Mallat, Chibli. Iraq: Guide to Law and Policy. Austin: Wolters Kluwer Law & Business, [2009]. ↑
Peretti, Terri Jennings. In Defense of a Political Court. Princeton, N.J.: Princeton University Press, 1999. <http://site.ebrary.com/id/10002097>. ↑
International Crisis Group. Failing Oversight Iraq’s Unchecked Government. Baghdad, Iraq: International Crisis Group, [2011]. <http://www.crisisgroup.org/~/media/Files/Middle%20East%20North%20Africa/Iraq%20Syria%20Lebanon/Iraq/113%20-%20Failing%20Oversight%20-%20Iraqs%20Unchecked%20Government.pdf>. ↑
Middle East Watch (Organization). Human Rights in Iraq. New Haven: Yale University Press, [1990]. ↑
Ibid.,45 ↑
Ibid ↑
United States. Constitutionalism, Human Rights, and the Rule of Law in Iraq: Joint Hearing Before the Subcommittee on Near Eastern and South Asian Affairs of the Committee on Foreign Relations and the Subcommittee on the Constitution, Civil Rights, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Eighth Congress, First Session, June 25, 2003. Washington: U.S. G.P.O., [2003]. ↑
Ibid ↑
Maḥmūd, Midḥat. The Judiciary in Iraq: The Path to an Independent Judiciary and Modern Court System. [2014]. ↑
Richard W. Rahn, ‘Politicizing The Judiciary’ (Cato Institute, 2013) ↑
Ibid.,73 ↑
Ibid.,76 ↑
United States. Examining Recommendations For Improvements To Iraq’s Justice System, S. Hrg. 110-5, Serial No. J-110-7, January 31, [2007], 110-1 Hearing, *. [Place of publication not identified]: [publisher not identified], 2007. <http://books.google.com/books?id=f4o1AAAAIAAJ>. ↑
Cordesman, Anthony H. Iraq’s Insurgency and the Road to Civil Conflict Vol. 2 Vol. 2. Westport, Conn. [u.a.]: Praeger Security International, [2008]. ↑
Haider Ala Hamoudi , ‘Medhat al-Mahmoud and De-Ba’athification in Baghdad’ (JURIST 2013) <http://jurist.org/forum/2013/03/haider-hamoudi-debaathification.php> accessed 22 April 2015 ↑
M. P. Scharf, ‘Is it international enough? A critique of the Iraqi Special Tribunal in light of the goals of

international Justice’, Journal of International Criminal Justice, No. 2, 2004, pp. 330, 331; H. Weinstein,‘Law experts divided over legitimacy of tribunal’, Los Angeles Times, 10 October [2005]. ↑

2207 Report on Iraq Relief and Reconstruction: Quarterly Update to Congress, Bureau of Resource

Management, January[2006], pp. 32–4, available at ,http://www.state.gov/documents/organization/

58811.pdf.. ↑

Impunity on Trial, Hous. Chron., Oct. 24, [2005], at 6 (“Saddam Hussein’s trial must be fair to

show Iraq, and the world, the era of impunity is over.”); ↑

Richard W. Rahn, ‘Politicizing The Judiciary’ (Cato Institute, 2013) <http://www.cato.org/publications/commentary/politicizing-judiciary> accessed 24 April 2015. ↑
Harith Al-Qarawee, ‘Iraqi Judiciary Accused Of Bias, Failure – Al-Monitor: The Pulse Of The Middle East’ (Al-Monitor, 2015) <http://www.al-monitor.com/pulse/originals/2014/03/iraq-judiciary-accusation-politicized-maliki.html#> accessed 24 April 2015. ↑
Ibid.,1 ↑
Jeffrey J. Coonjohn and Judge Zuhair al-Maliki1. 201. “Chaos in the Courts Can Iraq’s Embattled Chief Justice Fend-off Presidential Strategists.” IEEE Spectrum.43, no. 2: 22-35. ↑
Ibid.,33 ↑
Easton, David. A Framework for Political Analysis. Englewood Cliffs, N.J.: Prentice-Hall, [1965]. ↑
Lasswell, Harold D. Politics: Who Gets What, When, How. New York: P. Smith, [1950]. ↑
Posner, Richard A.. “Foreword: A Political Court”. Harvard Law Review. [2005]. 119, no. 1: 32-102 ↑
ibid ↑
Jason Koutsoukis and LIVE: service, ‘Rule Of Law In Iraq Under Pressure From Politicians, Terrorists’ (The Sydney Morning Herald, 2010) <http://www.smh.com.au/world/rule-of-law-in-iraq-under-pressure-from-politicians-terrorists-20100322-qr8a.html> accessed 25 April 2015 ↑
Easton, David. A Framework for Political Analysis. Englewood Cliffs, N.J.: Prentice-Hall, [1965]. ↑
Saeed Kudaimati, ‘IRAQ: Judicial System Far From Independent’ (IRINnews, 2015) <http://www.irinnews.org/report/61873/iraq-judicial-system-far-from-independent> accessed 25 April 2015 ↑
Peretti, Terri Jennings. In Defense of a Political Court. Princeton, N.J.: Princeton University Press, 1999. <http://site.ebrary.com/id/10002097>. ↑
Sullivan, Marisa. Maliki’s Authoritarian Regime. [2013]. <http://www.understandingwar.org/sites/default/files/Malikis-Authoritarian-Regime-Web.pdf>. ↑
Opening Statement to the International Military Tribunal at Nuremberg, Trial of the Major War

Criminals before the International Military Tribunal, Vol. II, [1947], p. 98. ↑

Ricchiardi, Sherry. Iraq’s News Media After Saddam Liberation, Repression, and Future Prospects. Washington, DC: Center for International Media Assistance, National Endowment for Democracy, [2011]. <http://cima.ned.org/sites/default/files/CIMA-Iraq_News_Media-Report.pdf>. ↑
Mallat, Chibli. Iraq: Guide to Law and Policy. Austin: Wolters Kluwer Law & Business, [2009]. ↑
International Crisis Group. Failing Oversight Iraq’s Unchecked Government. Baghdad, Iraq: International Crisis Group, [2011]. <http://www.crisisgroup.org/~/media/Files/Middle%20East%20North%20Africa/Iraq%20Syria%20Lebanon/Iraq/113%20-%20Failing%20Oversight%20-%20Iraqs%20Unchecked%20Government.pdf>. ↑
M. P. Scharf, ‘Is it international enough? A critique of the Iraqi Special Tribunal in light of the goals of

international Justice’, Journal of International Criminal Justice, No. 2, 2004, pp. 330, 331; H. Weinstein,

‘Law experts divided over legitimacy of tribunal’, Los Angeles Times, 10 October [2005]. ↑

2207 Report on Iraq Relief and Reconstruction: Quarterly Update to Congress, Bureau of Resource

Management, January[2006], pp. 32–4, available at ,http://www.state.gov/documents/organization/

58811.pdf.. ↑

ECHR, Findlay v. UK (1997) ECHR Series A No. 115–116; ECHR, Benthem Case (1985) ECHR Series A No. 97, 615; ECHR, Piersack Case (1981) ECHR Series No. 53, 616. ↑
Maḥmūd, Midḥat. The Judiciary in Iraq: The Path to an Independent Judiciary and Modern Court System. [2014]. ↑
ibid ↑
Richard W. Rahn, ‘Politicizing The Judiciary’ (Cato Institute, 2013) <http://www.cato.org/publications/commentary/politicizing-judiciary> accessed 24 April 2015. ↑
Ibid.,48 ↑
Harith Al-Qarawee, ‘Iraqi Judiciary Accused Of Bias, Failure – Al-Monitor: The Pulse Of The Middle East’ (Al-Monitor, 2015) <http://www.al-monitor.com/pulse/originals/2014/03/iraq-judiciary-accusation-politicized-maliki.html#> accessed 24 April 2015. ↑
Haider Ala Hamoudi , ‘Medhat al-Mahmoud and De-Ba’athification in Baghdad’ (JURIST 2013) <http://jurist.org/forum/2013/03/haider-hamoudi-debaathification.php> accessed 22 April 2015 ↑
Cordesman, Anthony H. Iraq’s Insurgency and the Road to Civil Conflict Vol. 2 Vol. 2. Westport, Conn. [u.a.]: Praeger Security International, [2008]. ↑
United States. Examining Recommendations For Improvements To Iraq’s Justice System, S. Hrg. 110-5, Serial No. J-110-7, January 31, [2007], 110-1 Hearing, *. [Place of publication not identified]: [publisher not identified], 2007. <http://books.google.com/books?id=f4o1AAAAIAAJ>. ↑
Maḥmūd, Midḥat. The Judiciary in Iraq: The Path to an Independent Judiciary and Modern Court System. [2014]. ↑
International Crisis Group. Failing Oversight Iraq’s Unchecked Government. Baghdad, Iraq: International Crisis Group, [2011]. <http://www.crisisgroup.org/~/media/Files/Middle%20East%20North%20Africa/Iraq%20Syria%20Lebanon/Iraq/113%20-%20Failing%20Oversight%20-%20Iraqs%20Unchecked%20Government.pdf>. ↑
International Crisis Group. Failing Oversight Iraq’s Unchecked Government. Baghdad, Iraq: International Crisis Group, [2011]. <http://www.crisisgroup.org/~/media/Files/Middle%20East%20North%20Africa/Iraq%20Syria%20Lebanon/Iraq/113%20-%20Failing%20Oversight%20-%20Iraqs%20Unchecked%20Government.pdf>. ↑
ibid ↑
Mallat, Chibli. Iraq: Guide to Law and Policy. Austin: Wolters Kluwer Law & Business, [2009]. ↑
Ricchiardi, Sherry. Iraq’s News Media After Saddam Liberation, Repression, and Future Prospects. Washington, DC: Center for International Media Assistance, National Endowment for Democracy, [2011]. <http://cima.ned.org/sites/default/files/CIMA-Iraq_News_Media-Report.pdf>. ↑
Sullivan, Marisa. Maliki’s Authoritarian Regime. [2013]. <http://www.understandingwar.org/sites/default/files/Malikis-Authoritarian-Regime-Web.pdf>. ↑
Middle East Watch (Organization). Human Rights in Iraq. New Haven: Yale University Press, [1990]. ↑
Ibid.,109 ↑
United States. Examining Recommendations for Improvements to Iraq’s Justice System: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, First Session, January 31, 2007. Washington: U.S. G.P.O., [2007]. ↑
United States. Examining Recommendations For Improvements To Iraq’s Justice System, S. Hrg. 110-5, Serial No. J-110-7, January 31, [2007], 110-1 Hearing, *. [Place of publication not identified]: [publisher not identified], 2007. <http://books.google.com/books?id=f4o1AAAAIAAJ>. ↑
Cordesman, Anthony H. Iraq’s Insurgency and the Road to Civil Conflict Vol. 2 Vol. 2. Westport, Conn. [u.a.]: Praeger Security International, [2008]. ↑
Ibid.,228 ↑
M. P. Scharf, ‘Is it international enough? A critique of the Iraqi Special Tribunal in light of the goals of

international Justice’, Journal of International Criminal Justice, No. 2, 2004, pp. 330, 331; H. Weinstein,

‘Law experts divided over legitimacy of tribunal’, Los Angeles Times, 10 October [2005]. ↑

Ibid ↑
2207 Report on Iraq Relief and Reconstruction: Quarterly Update to Congress, Bureau of Resource

Management, January[2006], pp. 32–4, available at ,http://www.state.gov/documents/organization/

58811.pdf.. ↑

Impunity on Trial, Hous. Chron., Oct. 24, [2005], at 6 (“Saddam Hussein’s trial must be fair to

show Iraq, and the world, the era of impunity is over.”); ↑

Jeffrey J. Coonjohn and Judge Zuhair al-Maliki1. 201. “Chaos in the Courts Can Iraq’s Embattled Chief Justice Fend-off Presidential Strategists.” IEEE Spectrum.43, no. 2: 22-35 ↑
Harith Al-Qarawee, ‘Iraqi Judiciary Accused Of Bias, Failure – Al-Monitor: The Pulse Of The Middle East’ (Al-Monitor, 2015) <http://www.al-monitor.com/pulse/originals/2014/03/iraq-judiciary-accusation-politicized-maliki.html#> accessed 24 April 2015. ↑
Saeed Kudaimati, ‘IRAQ: Judicial System Far From Independent’ (IRINnews, 2015) <http://www.irinnews.org/report/61873/iraq-judicial-system-far-from-independent> accessed 25 April 2015. ↑
Jason Koutsoukis and LIVE: service, ‘Rule Of Law In Iraq Under Pressure From Politicians, Terrorists’ (The Sydney Morning Herald, 2010) <http://www.smh.com.au/world/rule-of-law-in-iraq-under-pressure-from-politicians-terrorists-20100322-qr8a.html> accessed 25 April 2015. ↑
Peretti, Terri Jennings. In Defense of a Political Court. Princeton, N.J.: Princeton University Press, 1999. <http://site.ebrary.com/id/10002097>. ↑
Segal, Jeffrey Allan, and Harold J. Spaeth. The Supreme Court and the Attitudinal Model Revisited. Cambridge, UK: Cambridge University Press, [2002]. ↑
Posner, Richard A.. “Foreword: A Political Court”. Harvard Law Review. [2005]. 119, no. 1: 32-102. ↑
Middle East Watch (Organization). Human Rights in Iraq. New Haven: Yale University Press, [1990]. ↑
Bid.,115 ↑
Jason Koutsoukis and LIVE: service, ‘Rule Of Law In Iraq Under Pressure From Politicians, Terrorists’ (The Sydney Morning Herald, 2010) <http://www.smh.com.au/world/rule-of-law-in-iraq-under-pressure-from-politicians-terrorists-20100322-qr8a.html> accessed 25 April 2015 ↑
Sullivan, Marisa. Maliki’s Authoritarian Regime. [2013]. <http://www.understandingwar.org/sites/default/files/Malikis-Authoritarian-Regime-Web.pdf>. ↑
Saeed Kudaimati, ‘IRAQ: Judicial System Far From Independent’ (IRINnews, 2015) <http://www.irinnews.org/report/61873/iraq-judicial-system-far-from-independent> accessed 25 April 2015. ↑
ibid ↑
ibid ↑

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