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Federal Court required to refer its decision on the interpretation of parliamentary bloc, a review of the subject in toto


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Federal Court required to refer its decision on the interpretation of parliamentary bloc, a review of the subject in toto

Office of the Attorney Hussein Falluji

On 25 - March - 2010 Federal Court issued a decision of a controversial plunged the country into political and social crisis severe and unjustified based on the clarification of the Prime Minister's Office requesting interpretation of the expression ((the parliamentary majority to a number)), where the terms of reference of the Federal Court interpreting the provisions of the Constitution and remove the uncertainty and raise doubt and guidance of state institutions toward a resolution and adhere to the rulings of the Court, respected, and because it is the most important rules that make parties abide by those provisions is to be issued in accordance with the rules of pleading discreet and allow those who have an interest or who Tdharro to provide evidence and evidence to confirm their orientation.

After nearly three months of the issuance of this opinion of the controversial, which plunged the country into political crisis and social severe and unjustified and which still threatens to be continued and the possibility that the results are disastrous to the entire political process, and because the Federal Court of left political forces in guessing when Jertha between one of two things is contrary to the second part and parcel . When she said ((The concept of the parliamentary majority to a number means: either the cluster that formed after the elections by a single electoral list, or cluster, built from two or more from the rolls .. etc..

Because of the duties of the judiciary is representative of the Federal Court as the Superior Court in the country, a charge separation disputes and to issue binding decisions and explain to litigants the nature and substance of those decisions, and as the Federal Court was hasty issuance of this opinion was not based on the most basic rules of interpretation of rolling stock, but which refer to the preparatory work of the text, and because the Iraqi bloc has irrefutable evidence to confirm the court's decision was hasty and has negative implications for fatal for the political process and it has all of the above and ask the Federal Court as follows:

First: The initiative is a serious and rapidly to make way for the political forces and parties who have an interest should appeal the Federal Court of Bray as long as this opinion is not one, لا . And the Federal Court does not appear reluctant to make such an appeal Valrjua error is better than stick with it, especially that this error has been and continues to cause political and social congestion warn of heart does not end in the foreseeable future.

Second: The Federal Court is committed to tipping one over the other two views ورفض الثاني Rejected the second Taqbi not that the crisis between the two options, one of them is contrary to the second به . And political forces have to accept the court's decision as a matter of obligation, and strict implementation of it.

Third: The Court is committed to the Federal rules for the interpretation of constitutional provisions and most important of which refer to the preparatory work for that text.

. IV: the introduction of the Electoral Commission party to the proceedings to ensure that the opinions of the actions taken by them, as mandated by Commission Act and the regulations issued by the agency as a charge of holding elections in Iraq.

Fifth: Ray solicit the UN mission - UNAMI as stipulated in the law of the Independent Electoral Commission and the Security Council resolution 1770 of 2007.

Conclusion: can the competing political forces to return to resort to the Federal Court and Federal Court to provide all the means and measures by which to convince the political forces of the decision issued, and those who should be mandatory, not an opinion that the weighting between the two options.

اAllah commands you to render back the trusts to their owners, and if you judge between people you judge with justice that God's blessings admonishes that God is the Hearer, the Seer)) - Women))

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From this it would appear that the Federal Court ruling is being appealed and the Courts ruling is going to be scrutinized down to every nut and bolt of how they came to the opinion as to what constitutes "the largest bloc".

Allawi is not going to let these guys get away with it without his fight and he will even call in the UN to supervise per Security Council resolutions in place just for this. Seems that Allawi has evidence of how Article 76 was framed and what the discussions were when the Article was developed. All the actions are right and just and with a democracy as it has to be this way as to not leave any doubt of what the law actually means.

I just hope all this doesn't keep delaying the process but I think it will. What I want to know is where has the UN and it's members been while all this has been going down? After all Baghdad is burning and it's because of this Federal Court Ruling that is clearly...........wrong. Read Article 76 of the Iraqi Constitution and then read it again. How they could come to the conclusion of a post election bloc formation as the winner over the actual winner who won the vote is just nonsense. Of course all of what I have just stated is IMO.

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