As part of a program to develop the research skills of postgraduate students, the College of Law at Al-Qadisiyah University organized a specialized scientific workshop entitled “Using Judicial Precedent as a Source for Scientific Research,” presented by Professor Dr. The workshop was presented by Ghanem Abdul Dahash Attia and moderated by Dr. Ali Hamza Jabr.
The workshop aimed to achieve a set of advanced cognitive and methodological objectives for postgraduate students, enhancing their ability to use primary legal material in their research and clarifying the paramount importance of judicial precedent issued by the state’s highest courts as an official or interpretive source of law.
The workshop concluded that effective reliance on judicial precedent as a research tool requires an awareness of its constitutional and legislative importance and the establishment of a specialized methodology for reading rulings. It is considered complementary to the legal text, filling legislative gaps and keeping pace with social and economic developments. The workshop also emphasized the necessity of analyzing judicial rulings not only in terms of their operative part but also in terms of the legal reasoning, justifications, and presented facts, in order to accurately extract legal principles and avoid unwarranted generalizations.
The workshop recommended the inclusion of an advanced methodological course or module within postgraduate studies requirements, specializing in the analysis of judicial decisions and the methodology for extracting legal principles from them. This module should focus on rulings issued by the Federal Court of Cassation. The workshop also recommended the establishment of a comprehensive national or university-level electronic platform that provides Researchers have easy and organized access to databases of judicial rulings, categorized by subject and legal principle, to reduce the effort required to gather primary research material.
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