Head of the Supreme Judicial Council: The Iraqi constitution authorizes the "emergency government"

[yota691]

Chief Justice: The decision to dissolve the House of Representatives issued by the executive authority is subject to appeal before the Federal Court

• Time: 04/01/2022 14:46:08
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• Reading: 2,509 times

  

{Political: Al Furat News} The head of the Supreme Judicial Council, Faeq Zaidan, announced today, Friday, that "the decision to dissolve the House of Representatives issued by the executive authority is subject to appeal before the Federal Supreme Court."

Zaidan said in a statement received by {Euphrates News} a copy of it: “The Iraqi political reality today is witnessing an explicit violation of a constitutional rule stipulated in Article (72 / second / b) of the constitution by determining the duration of the President of the Republic continuing to exercise his duties until after the end of the Parliament elections. The new President and its meeting within a maximum period of thirty days from the date of the first meeting of the Council, and the necessity of electing a new President of the Republic during that time.

He added, "However, this did not happen due to the lack of political agreement between the parties and the political forces that make up the House of Representatives, although the Federal Supreme Court worked hard to find a way out for this constitutional violation when it permitted the President of the Republic to continue exercising his duties until the election of a new president in accordance with the decision issued on (13/2/). 2022) by No. (17/Federal/2022), but this jurisprudence, although it was necessary to avoid a state of vacancy of the position and the consequent politically non-consensus measures, was not sufficient to address the continuation of violating the constitution for an indefinite period due to the two-thirds majority requirement stipulated in Article (70/first) of the constitution regarding the quorum of the parliament session devoted to electing the president of the republic, and the absence of a provision for a “constitutional sanction” for this violation.

Zaidan said, "The amendment of the constitutional text contained in Article (64 / first) that the dissolution of the House of Representatives be by a decision of the Prime Minister and with the approval of the President of the Republic, provided that it is not during the period of the Prime Minister's interrogation. From the legislative authority in the event of a violation by the executive authority by withdrawing confidence from it, and vice versa, the penalty shall be by a decision of the executive authority (the Prime Minister and the President of the Republic combined) in the event of violation of the constitutional rule by the House of Representatives by dissolving the Council without the condition of approval by the House of Representatives on the procedures The solution and to ensure that the executive authority does not arbitrarily impose penalties by dissolving the House of Representatives.”

He pointed out that "and for the importance of this procedure exclusively, the decision to dissolve the House of Representatives issued by the executive authority is subject to appeal before the Federal Supreme Court."

[yota691]

 

The judiciary indicates constitutional violations in the jurisprudence of the Federal Court and the continuation of the President of the Republic

 

 2022-04-01 09:12

 

 

Shafaq News/ The head of Iraq's Supreme Judicial Council, Faiq Zaidan, indicated on Friday, a number of constitutional violations, that the President of the Republic continues to carry out his duties until this moment, as well as the jurisprudence of the Federal Court regarding a majority of "two-thirds" of parliament members to pass the new president.

Zaidan stated, in an article for him, seen by Shafak News Agency, that "the Iraqi political reality is witnessing an explicit violation of a constitutional rule stipulated in Article (72 / second / b) of the constitution by determining the duration of the President of the Republic continuing to exercise his duties until after the end of the new Parliament elections. And its meeting within a maximum period of thirty days from the date of the first session of the Assembly, and the necessity of electing a new President of the Republic during that time.

He added that "the above did not happen due to the lack of political agreement between the political parties and forces constituting the House of Representatives, although the Federal Supreme Court worked hard to find a way out for this constitutional violation when it authorized the continuation of the President of the Republic to exercise his duties until the election of a new president in accordance with the decision issued on (13/2/2022). ) No. (17/Federal/2022).

Zaidan pointed out, "Although this diligence was necessary to avoid a situation of vacancy in the position and the consequent politically non-agreed measures, it was not sufficient to address the continuation of violating the constitution for an indefinite period due to the two-thirds majority requirement stipulated in Article (70/First). ) of the constitution regarding the quorum of the parliament session devoted to electing the president of the republic, and the absence of a provision for a “constitutional sanction” for this violation.

He believed that “the amendment of the constitutional text contained in Article (64/first) is to dissolve the House of Representatives by a decision of the Prime Minister and with the approval of the President of the Republic, provided that it is not during the period of questioning the Prime Minister, thus achieving a balance between the legislative and executive powers, by being the penalty for violating the rule Constitutionalism by a decision of the legislative authority in the event of a violation by the executive authority to withdraw confidence from it.

The head of the Supreme Judicial Council concluded: “In the event of a violation of the constitutional rule by the House of Representatives by dissolving the House without the condition that the House of Representatives approve the dissolution procedures and to ensure that the executive authority does not arbitrarily impose the penalty by dissolving the House of Representatives, and for the importance of this procedure exclusively, the decision to dissolve the House of Representatives issued from the executive branch and is subject to appeal before the Federal Supreme Court.

[yota691]

The President of the Judicial Council determines the penalty for violating the constitutional rule - urgent

sweeteners

2022-04-01 | 07:12

 

6,426 views

 

Today, Friday, the head of the Supreme Judicial Council, Faiq Zeidan, set the penalty for violating the constitutional rule.

Zaidan said in a statement received by Alsumaria News, "The penalty is the effect of violating the law, and it is imposed by the judiciary. It may be in the form of a criminal penalty against those who violate the criminal law, either with a corporal punishment on the human body, such as the death penalty, or on his freedom by imprisonment or imprisonment, and the penalty may be financial." Adding, “As for the second form of the penalty, it is the civil penalty that results from the violation of other laws except for the criminal law, where it is imposed upon infringement or denial of a private right without prejudice to the public interest or disturbing the social order. He was harmed,” adding, “As for the third form of the penalty, it is the disciplinary penalty that is imposed when violating the law that regulates the public office, such as the penalty of reprimand, warning or dismissal imposed by the administrative head of the violator.”

 

 

And he continued, "As for violating the constitutional rule, the penalty is in two ways. The first is an unorganized sanction, represented in popular pressure to protect the constitutional rules, because the authority that violates the constitution does not recognize that violation, but rather sets explanations for its behavior, trying to appear before the public opinion in the form of not committing anything that violates the constitution. Regarding this penalty, the second picture is represented in the penalty organized to protect the constitutional base with the constitution stipulating mutual oversight between the legislative and executive authorities in a manner that achieves a balance between them, as the constitutions of countries that adopt the parliamentary system provide equal means of pressure and mutual oversight for each authority in the face of the other, so that neither of them controls the And one of the most important means that the legislative authority has towards the executive authority is interrogation and the withdrawal of confidence, and this means is stipulated in the Constitution of the Republic of Iraq for the year 2005 in Article (61/eighth).

 

Zaidan pointed out that, "On the other hand, the dissolution of Parliament is the main balancing tool between the legislative and executive authorities, and it is considered the most important means of the executive authority in the face of the legislative authority. The House of Representatives, according to Article (64/first) of it, has two ways. ) on itself,” adding, “As for the second way, it is represented in a request from the Prime Minister, with the approval of the President of the Republic, to be submitted to the House of Representatives. And the right to a solution according to these conditions will be difficult to implement, and thus the executive authority loses the means of influencing the legislative authority in exchange for the House of Representatives having the means to withdraw confidence from the government, which upsets the political and constitutional balance between the two authorities (we have referred to this problem in detail in the doctoral thesis submitted to the Islamic University of Beirut in year 2020).

The head of the Judicial Council stated, Today, the Iraqi political reality is witnessing a clear violation of a constitutional rule stipulated in Article (72/Second/B) of the constitution by specifying the period for the President of the Republic to continue exercising his duties until after the end of the elections for the new Council of Representatives and its meeting within a maximum period of thirty days from the date of the first meeting of the Council and the obligation to elect A new president for the republic during that time, but that did not happen due to the lack of political agreement between the political parties and forces that make up the parliament, and although the Federal Supreme Court worked hard to find a way out for this constitutional violation when it permitted the president of the republic to continue to exercise his duties until a new president is elected according to the decision issued on (13/2). /2022) under No. (17/Federal/2022), but this jurisprudence, although it was necessary to avoid a situation of vacancy of the position and the consequent politically unconsented measures, was not sufficient to remedy the continuation of violating the constitution for an indefinite period due to the stipulated two-thirds majority requirement In Article (70/First) of the Special Constitution With a quorum for the parliament session devoted to electing the President of the Republic, and not providing for the existence of a (constitutional sanction) for this violation.”

And he concluded, "Therefore, we see the amendment of the constitutional text contained in Article (64 / first) that the dissolution of the House of Representatives be by a decision of the Prime Minister and with the approval of the President of the Republic, provided that it is not during the period of the Prime Minister's interrogation. Constitutionalism by a decision of the legislative authority in the event of a violation by the executive authority to withdraw confidence from it, and vice versa, the penalty shall be by a decision of the executive authority (the Prime Minister and the President of the Republic combined) in the event of a violation of the constitutional rule by the House of Representatives by dissolving the Council without the approval of the House of Representatives On the dissolution procedures and to ensure that the executive authority does not arbitrarily impose the penalty by dissolving the House of Representatives, and for the importance of this procedure exclusively, the decision to dissolve the House of Representatives issued by the executive authority is subject to appeal before the Federal Supreme Court.

[yota691]

Legal: There is no decision in the hands of the Federal Court and matters will be suspended for 40 days

political|   02:28 - 02/04/2022

 

 

 

 

Special - Mawazine News

, legal expert Haider Al-Sufi confirmed today, Saturday, that "the Federal Court does not have any decision related to dissolving Parliament or not choosing the President of the Republic so far."

Al-Sufi said, in a statement to Mawazine News, that "the political procrastination continues, and is considered a continuous constitutional violation due to the failure to elect the President of the Republic," noting that "the Federal Court does not have the authority to take any decision regarding the dissolution of Parliament or others."

He added, "Political events will be suspended until 40 days after the tweet of the leader of the Sadrist movement, Muqtada al-Sadr." Ended 29 / 92

[yota691]

The Mechanisms Of Dissolving The House Of Representatives In Light Of What Was Presented By Judge Faiq Zaidan

 

LAST UPDATE 04/02/2022 | 1:44 PM

Books / Salem Rawdan Al-Mousawi…
On the occasion of what Judge Faiq Zaidan presented in an article he published on the website of the Supreme Judicial Council on 1/4/2022 regarding the amendment of Article (64/First) of the current constitution in order to facilitate the dissolution of the House of Representatives by the executive authority, I present the following:

First What was presented by Judge Faiq Zaidan is a confirmation of what was advocated by many legal scholars, academic professors, specialists and even the general public. Since 2015, and before it, and many others, and what Judge Faeq Zaidan preferred is an affirmation that the presence of the current and previous parliament composition is the origin of the disease, and it warns of a dangerous situation of unwelcome consequences that may occur later, God forbid.

Second: What Judge Faiq Zaidan presented gives us an important indication that the repercussions of the situation in which the current parliament is in has become intractable to a solution, which called for a search for mechanisms for dissolving the parliament, and indicates to us that the judiciary also seems unable to deal with it. Faeq Zaidan, in his personal name, devoid of any job title. He did not even write as a judge, but as an ordinary citizen because he sensed danger and did not have the ability to treat through his job position or through the judicial institution, but rather looking for a solution within the folds of the constitution.
Judge Faiq Zaidan indicated that the treatment lies in amending the text of Article (64/First) of the Constitution. The authority to dissolve Parliament without referring to the Parliament itself, and if I see that the current constitutional text provides this matter according to its texts and I will present it to it later, but even if Parliament is dissolved, what will happen? The answer is nothing new. Rather, the same faces and political blocs will be repeated, because the electoral system and the electoral infrastructure consisting of political traditions, societal composition, sectarian division, the availability of weapons outside the state, and the presence of armed groups linked to the parties and blocs involved in the electoral process, are all factors that prevent the existence of a new form of the assembly. Representatives, and evidence of this is the number of times the electoral law has been amended so that no electoral cycle passes unless the law is amended or replaced.

Fourth: The amendment advocated by Judge Faiq Zaidan, I see no need, because the current text provides the possibility of dissolving the House of Representatives at the request of the Prime Minister and with the approval of the President of the Republic without the need for the approval of the members of the House of Representatives, and I have repeated this opinion on more than one occasion. Including the study that I published on several websites and in some newspapers in the year 2020 and tagged (the dissolution of the House of Representatives by the executive authority and the principle of balance between powers), although some specialists in constitutional jurisprudence have a different opinion, but the reasons that I believe support this opinion I will present briefly according to the following :

The drafting of the text of Article (64/1) of the Constitution did not explicitly resolve the issue of who has the authority, because it began with the self-dissolving mechanism of Parliament and attached the approval of the majority of its members to the request submitted by a third of its members. Then he came up with another sentence in which the Prime Minister granted the request to dissolve Parliament, provided that it be with the approval of the President of the Republic. Parliament when questioning the Prime Minister, and the reason is to prevent the Prime Minister from requesting the dissolution of Parliament with the approval of the President of the Republic if he is subjected to interrogation with the intention of evading him, otherwise why is this mentioned if the House of Representatives is the one who decides in the end and the request does not affect him during the interrogation period because the decision with the result is up to mechanism.

 

Rather, he could consider the request joint between the Prime Minister and the President of the Republic. But the text is clear that the approval of the request for dissolution and not on referring it to the House of Representatives.

If the text indicates that the approval of the President of the Republic to refer the request to the House of Representatives, what is the wisdom of that, or does the Prime Minister not ask the House of Representatives to dissolve himself without referring to the President of the Republic as long as his approval has no effect, and there is nothing to prevent that Because any citizen has the right to request from any party, as long as it is the one that decides and nothing else, so the purpose of the text is the existence of two mechanisms for dissolving the House of Representatives and not one mechanism with two requests from two different sides.

The Iraqi constitution, in the text of Article (1), considers the system of government in Iraq to be representative and according to the following text (the Republic of Iraq is a single, independent federal state with full sovereignty, its system of government is republican, representative, parliamentary, and democratic, and this constitution is a guarantor of Iraq’s unity) and this description gives it advantages that it has settled upon The jurisprudence of constitutional law since the emergence of parliamentary systems, including the exchange of oversight between the government and parliament. Parliament has the right to overthrow the government through the mechanism of withdrawal of confidence from it, which was included in the text of Article (61/8) of the Iraqi constitution in force. Therefore, the executive authority must have a weapon to direct this power, which is the dissolution of Parliament and this What was adopted by all theories related to the system of government in constitutional jurisprudence, and it is almost unanimously agreed upon by all constitutional law jurists in the world. Tmawi and Dr. Othman Khalil in their tagged book (Summary of Constitutional Law, Cairo Edition 1951 - 544 et seq.), Dr. Muhammad Kamel Abu Laila in his tagged book (Constitutional Law - Second Cairo Edition in 1962 - p. 610) and Dr. Ramzi Taha al-Shaer in his tagged book (The General Theory of Constitutional Law - Third Edition, Dar Al-Nahda Al-Arabiya in Cairo - 1983 - p. 369. Dozens of Arab and foreign references confirm this principle, which has become a given in the jurisprudence of constitutional law.

Fifth: Educating about the lack of an opportunity for the executive authority to dissolve parliament is an opportunity to encourage one party to overpower another party and to maximize the powers of a power over the powers of a parallel power, which lacks the principle of balance between powers, as the constitutional system in Iraq consists of three balanced powers that monitor Each other, and according to what has been presented, and may even give a message that some interpret as other than its goals, for example, some blocs and beneficiaries of the current situation and justification for those opinions raised by Judge Faiq Zaidan and other researchers and specialists in constitutional law, because they are without a doubt They will not go to the Federal Supreme Court because the judiciary's opinion has become clear and evident through what the gentlemen in charge of its affairs present.

 

Sixth: Treatment:I see that the treatment is not by amending Article (64/first) of the constitution, but rather by reconsidering the constitution as a whole and separating the House of Representatives from controlling the nomination of the President of the Republic or the Prime Minister, and making the executive authority in the hands of one body, either the President of the Republic or the Prime Minister to prevent duplication and intersection, and that Through his direct election by the people without reference to these complex mechanisms that did not produce for us any presidential, executive or legislative formation commensurate with the country’s need for someone to extricate it from the miserable situation in which it is now, and some may say that this is an assault on the authority of the House of Representatives because it represents the people and acts on their behalf. Because he is elected, and the response to that is by saying the following, why do we go to the representative and the representative and give him the opportunity to control the fate of the people, while we have the ability to give the people the opportunity to elect their president without a mediator, and this does not constitute any additional financial cost, but it is on the same day that is done The election of the House of Representatives and an adjacent box, and at that time we will remove the House of Representatives from any obstaclesIt prevents it from convening and devote itself to its legislative and oversight work
Therefore, I see that Judge Faiq Zaidan confirmed what we had previously mentioned and sounded the alarm bell again, and called for the necessity of amending the constitution and with easy mechanisms that are available to him now and that members of Parliament, if they are serious, can amend it easily and easily, and this is what I presented in a previous study in which I explained these mechanisms that I published Several newspapers and websites in 2019 tagged (mechanisms for amending the Iraqi constitution in light of its effective provisions). The Prime Minister can also request the dissolution of Parliament and with the approval of the President of the Republic without any participation of the House of Representatives in that.

[WheresmyRV?]

Them guys are the masters of kicking the can down the road and dragging this on for almost what seems forever. 

[DoD]

Constitution, what constitution…LMAO!!!

 

What a messed up country…..

[horsesoldier]

Well, this time around sure is one Epic Boiling Cauldron of a Hot Mess.

 

Yep, Iraq is " open for business " huh. You know every Corporate Entity that's got prospective future business interests is certainly paying attention to this Epic Fail. 

A big question must be __ " ... Are the risks worth what we may gain over ( how much ) Time ???

 

 

[Goggles]

I'm speechless. How is it allowed for Iran to run Iraq through their government? Who invited them to do such a thing? Likely I don't understand the whole story, or it started small and just got out of hand? I think Iraq formed it's country in around 1920. I've been looking at Iraq history to try and understand it all. 

[yota691]

'Mutual transgressions occurred'

The head of the Judicial Council blows up the hypothesis of the "third party"... Only protesters and security forces

2022.04.03 - 00:30

 

  

Baghdad - people  

The head of the Supreme Judicial Council, Faeq Zeidan, said, on Saturday, that the position of prime minister was offered to him in earlier times, but he refused, while touching on the atmosphere of popular protests, and the accompanying circumstances.    

 

  

Zaidan added, during his participation in the “Bal Three” program, which was followed by “Nass” (April 3, 2022), “I will not reach a political position despite being asked on more than one occasion, and the answer was rejection,” stressing that he believes that “the judge is in the place of the judiciary and it is incorrect for him to exercise The judge is another job outside the judicial institution.  

  

He pointed out that "the judge's success in his work is not a condition for his success in political work," noting that "every time there are discussions about the person of the next prime minister until now, I refuse that, in addition to some colleagues of the judges who were offered the position as well."  

  

Did Parliament violate the Constitution?  

Zidan explained that "the legislative authority violated the constitution, as it was supposed to elect the President of the Republic within a maximum period of 30 days, after the first session of Parliament," noting that "the Federal Court worked hard and authorized the continuation of the President of the Republic's mission until the election of a new president to get out of the political crisis, so as not to The position is vacant and the consequent actions that may not be politically agreed upon.”  

  

And he indicated that "the constitutional breach by Parliament should have a penalty, but the constitution did not provide for this penalty, which means dissolving Parliament."  

  

October protests  

In this context, Zaidan stressed that "the judiciary formed investigative committees in every governorate that witnessed demonstrations, and a large number of arrest warrants were issued against the aggressors against the demonstrators, whether from the security services or other parties, and judgments were issued in some of them, and the perpetrators were placed in prisons."  

  

He added that "the rest of the cases are still in the process of investigation due to the specificity of these cases and the defendants in them, given that the Military Criminal Procedure Code confirms that it is not permissible to implement a warrant against a military officer except with the approval of the Commander-in-Chief of the Armed Forces, and if the warrant is issued against a police officer, it is not It can only be implemented with the approval of the Minister of the Interior.  

  

And he indicated that "the issue of uploading what happened in October to the third party is an escape towards the front, as there is no third party. There are two clear parties, the demonstrators and the security agencies, of all kinds, where mutual transgressions took place, so where is the third party in the matter."  

  

He stressed that "the judiciary deals with high professionalism with the lawsuits filed by the families of the victims of the protests, and the courts have issued decisions, but their implementation is one of the tasks of the security services."  

  

He pointed out that "there is negligence on the part of the security services in implementing some of the memoranda for fear of the sensitive political situation or because they are preoccupied with other matters."  

[yota691]

Hakim Al-Zamili responds to the Secretary-General of the House of Representatives and threatens to resort to the judiciary (documents)

2022.04.03 - 23:51

 

Baghdad - people   

The First Deputy Speaker of the House of Representatives, Hakim Al-Zamili, responded, on Sunday, to the Secretary-General of the House of Representatives, while hinting to resort to the judiciary.   

  

 

According to a document, which "Nass" obtained a copy of, on April 3, 2022, Al-Zamili's office sent a circular to the Secretary-General of the House of Representatives, stating that "it was found that there was a serious violation contained in the circular of the Secretary-General of the House of No. (1415) on (3 2022). /27) by referring to it in paragraph 1 - the phrase does not exist as a presidency), which contradicts the text of Article (130) of the Constitution, which indicated that the legislation in force remains in force unless it is repealed or amended in accordance with the provisions of the Constitution, and that the legal articles contained in it The internal system of the Council and a number of other valid legislations stipulated the phrase (the Presidency Commission) and it has not been canceled or amended since its approval and for the purpose of it.  

Al-Zamili directed to "withdraw the aforementioned circulars for violating the internal system of the House of Representatives and other valid legislation, and the necessity of being careful in issuing important circulars and obtaining the approval of the members of the Presidency collectively on them, otherwise the negligent is subject to legal accountability."  

[yota691]

 

The Iraqi Supreme Court rules out the formation of an emergency government in the country

 

 2022-04-05 05:52

 

Shafaq News/ The head of the Supreme Judicial Council, Judge Faiq Zaidan, ruled out resorting to the option of forming an emergency government in light of the political crisis in the country and the inability to proceed with forming a new federal government despite the passage of several months since the early legislative elections.

This came in statements published today on the official website of the Supreme Judicial Council on Sunday.

Zaidan said that the current circumstances do not require the existence of an emergency government and its formation is unlikely, adding that "the judiciary plays a national role and proposes constitutional and legal solutions to address the crisis and political blockage, and this is not interference in politics."

"We believe that the political consensus will resolve the current crisis, not the dissolution of parliament," he added.

Regarding his position on assuming the position of prime minister of the next Iraqi government, Zaidan said, "We were repeatedly offered offers by some political forces to assume the position of prime minister, but we refused more than once and we believe that the judge's place is the judiciary."

The head of the Supreme Judicial Council spoke about the decision of the Federal Court (the highest judicial authority in the country) that the oil and gas law of the Kurdistan Regional Government was unconstitutional.

He described the relationship of the Supreme Judicial Council with the region's judiciary as "good and there were no intersections in the work."

[DWS112]

3 hours ago, yota691 said:

"We believe that the political consensus will resolve the current crisis, not the dissolution of parliament," he added.

        ?

Edited April 5, 2022 by DWS112

[Rochester]

I had a bottle of champagne hidden in the garage. 🍾🥂 I moved it, dusted it off. I put it in the fridge in the kitchen, just in case. I'm an optimist. 😂 Which really just means, a I'm a patient pessimist, like most people here. 📆 Hope you win big. 🍀

[64jaguar]

I have a bottle of Dom Perignon, from when I turned 50 back in 2008, was saving it for such an occasion..... I think it's spoiled.... ...

[DWS112]

Al-Kazemi does not belong to any party so...

This is the only way Al-Kazemi can get another term?

[horsesoldier]

These fools need to stop 🚬 smoking " Camel " crud cigarettes, quite drinking whatever it is they're drinking, dry out and save their country from flatheading headlong into the Abyss.

[Laid Back]

 The actual emergency government In my opinion has done more for the country than Al Malik, Al Abadi and Abdul Madhi  government.

Go emergency Government 

Go progress

Go growth 

[Fairways&Greens]

14 minutes ago, Laid Back said:

 The actual emergency government In my opinion has done more for the country than Al Malik, Al Abadi and Abdul Madhi  government.

Go emergency Government 

Go progress

Go growth 

I’m with you. May it be so!

[yota691]

 

Head of the Supreme Judicial Council: The Iraqi constitution authorizes the "emergency government"

 

 2022-04-09 07:51

 

Shafaq News/ The head of the Supreme Judicial Council, Faeq Zaidan, confirmed on Saturday that the Iraqi constitution permits the declaration of an "emergency government" despite the absence of an explicit text for that, noting that "the caretaker and emergency government" came within the context of the constitutional articles.

Zaidan wrote in an article followed by Shafak News Agency; The meaning of a particular phrase on the intent of the constitutional legislator may be explicit so that there is no possibility of its conflict, and this phrase is described as being explicit on the intended meaning. Before others, and here it is said that this phrase is apparent in this meaning, so the text that indicates one meaning is described as an explicit text, as it is explicit in this meaning and has no other meaning.

The head of the Supreme Judicial Council added; “Each word has its basic meaning and contextual meaning. It is the context that determines the meaning of the sentence and has a great impact in determining the exact semantics of the word, and by means of it, the words of the language transcend their familiar semantic boundaries to produce new connotations, as it is sometimes difficult to determine the meaning of the word because the word does not carry in itself an absolute connotation. The context is what determines its true significance, and the semantic value of the word lies in its meaning, and the meaning is the relationship between the utterance and the signified, and accordingly, the change in meaning occurs whenever there is any change in the basic relationship.

He continued, "It can be said that each word has a lexical meaning that represents its true meaning and another meaning according to customary use. For example, the term (caretaker government) is currently circulating, while there is no literal text in the Constitution of the Republic of Iraq for the year 2005 with this name, but it is mentioned in Article (61). / eighth / d) of it (in the event of a vote of no confidence in the entire cabinet, the prime minister and ministers continue in their positions to manage daily affairs for a period not exceeding thirty days until the formation of the new cabinet) as well as stated in Article (64/second) of the constitution (The President of the Republic, upon dissolving the House of Representatives, calls for general elections in the country within a maximum period of sixty days from the date of the dissolution, and the Council of Ministers in this case is considered resigned, and continues to run daily affairs). 

He added that "in both articles, the intent of the phrase (the Council of Ministers) is to denote (the caretaker government) according to the contextual and customary meaning that reaches the mind of the reader. The same case applies to what is used in the term (emergency government) and here too there is no explicit text With this name, it is stated in Article (61 / ninth) of the Constitution (A- Approval of a declaration of war and a state of emergency by a two-thirds majority, based on a joint request from the President of the Republic and the Prime Minister. C- The Prime Minister is given the necessary powers that enable him to run the country’s affairs During the period of declaring war and a state of emergency, these powers shall be regulated by law, in a manner that does not conflict with the Constitution.)

Zaidan concluded that "from this text, the apparent meaning of the phrase (Prime Minister) contained in that article is the indication of the (emergency government) that exercises the necessary powers to manage the country's affairs during the period of the declaration of war and the state of emergency, according to the contextual meaning of the sentence and the customary use of this phrase. ".

[yota691]

Supreme Judiciary: There is no explicit provision for the term emergency government

• Time: 04/09/2022 14:39:31
•  
• Reading: 429 times

  

{Political: Al Furat News} The head of the Supreme Judicial Council, Faiq Zaidan, resolved today, Saturday, the controversy over the term constitutional emergency government.

Zaidan said in an article that "there is no constitutional text related to the term caretaker government."

Zaidan added: "There is no explicit provision for the term emergency government."

Below is the text of the article:

The indication of a particular phrase on the intent of the constitutional legislator may be explicit so that the possibility of its conflict is excluded, and this phrase is described as being explicit on the intended meaning. Here it is said that this phrase is apparent in this meaning, so the text that indicates one meaning is described as an explicit text, as it is explicit in this meaning and has no other meaning.

days until the formation of the new Council of Ministers) as stated in Article (64/second) of the Constitution (the President of the Republic, upon dissolving the House of Representatives, shall call for general elections in the country within a maximum period of sixty days from the date of the dissolution, and the Council of Ministers in this case is considered resigned and continues to conduct daily affairs). In both articles, the intent of the phrase (the Council of Ministers) is to denote the (caretaker government) according to the contextual and customary meaning that reaches the mind of the reader. The same case applies to what is being used in the term (emergency government), and here too there is no explicit text of this name. Rather, it is stated in Article (61/Ninth) of the Constitution (A- Approval of the declaration of war and a state of emergency by a two-thirds majority, based on a joint request from the President of the Republic and the President of the Republic. C- The Prime Minister is empowered with the necessary powers that enable him to administer the country’s affairs during the period of declaring war and a state of emergency, and these powers are regulated by law, in a manner that does not contradict the constitution. In both articles, the intent of the phrase (the Council of Ministers) is to denote the (caretaker government) according to the contextual and customary meaning that reaches the mind of the reader. The same case applies to what is being used in the term (emergency government), and here too there is no explicit text of this name. Rather, it is stated in Article (61/Ninth) of the Constitution (A- Approval of the declaration of war and a state of emergency by a two-thirds majority, based on a joint request from the President of the Republic and the President of the Republic. C- The Prime Minister is empowered with the necessary powers that enable him to administer the country’s affairs during the period of declaring war and a state of emergency, and these powers are regulated by law, in a manner that does not contradict the constitution. In both articles, the intent of the phrase (the Council of Ministers) is to denote the (caretaker government) according to the contextual and customary meaning that reaches the mind of the reader. The same case applies to what is being used in the term (emergency government), and here too there is no explicit text of this name. Rather, it is stated in Article (61/Ninth) of the Constitution (A- Approval of the declaration of war and a state of emergency by a two-thirds majority, based on a joint request from the President of the Republic and the President of the Republic. C- The Prime Minister is empowered with the necessary powers that enable him to administer the country’s affairs during the period of declaring war and a state of emergency, and these powers are regulated by law, in a manner that does not contradict the constitution.

From this text, the apparent meaning of the phrase (the Prime Minister) mentioned in that article is the indication of the (emergency government) that exercises the powers necessary to administer the affairs of the country during the period of declaring war and the state of emergency, according to the contextual meaning of the sentence and the customary use of this phrase.

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The Constitution is subject to violations (compound)

Thursday 07 April 2022 267

 

 Baghdad: Omar Abdul Latif

 

After the failure and failure again in the file of the election of the President of the Republic and the end of the timing for that, yesterday, Wednesday, April 6, politicians and observers expressed their discontent with the transformation of constitutional violations into complex violations, for violating the constitutional timings first, and secondly, violating the timings set by the Federal Court to open the door for one-time nomination for the position of President of the Republic.

The head of the Sabean-Mandaean bloc, Osama Al-Badri, told Al-Sabah: "The alliances are still in place, and the political blocs must invest the period of the holy month of Ramadan to turn them into mature and successful alliances in order to complete the formation of the government." He added that "the results of the alliances are not satisfactory, and we have exceeded the constitutional terms, so we have entered the labyrinths of constitutional breach," and he continued, "We have gone beyond the legal and constitutional terms, which refer us to the position and opinion of the Federal Court and its legal opinion."

He added that "the position of minorities is unified and consistent in support of a national majority government," noting that "the initiatives were also not very mature to satisfy the political parties."

For his part, political analyst Dr. Iyad al-Anbar said in an interview with "Al-Sabah" that "the constitutional violations this time turned into complex violations, the first of the constitutional timings and another violation of the timings set by the Federal Court to open the nomination door for one time, so the violation became complex." 

He added, "It is natural for the political class to have many constitutional timings disrupted, waiting for consensus that begins with achieving their interests and circumventing the sharing of the spoils of power." 

And he stated that "the options presented now are limited, and there is no clear reading of the alliances, but rather subject to moods and changing attitudes, but Mr. Sadr's insistence on the government of the national majority is as a result an embarrassment for the political forces, because if the government formed away from the Sadrists, it would not be a government that would be able to last for long, and this is what provokes their concerns, not the desire to share Mr.

In a related context, a member of the House of Representatives, Muhammad Anouz, said: "A question must be submitted to the Federal Court after the end of the constitutional period to choose the President of the Republic." The Republic, and explained that "the current president of the republic will continue his duties until a new president is elected." The blocs did not respond to this initiative."

Yesterday, Wednesday, April 6, the deadline granted to Parliament to elect the President of the Republic expired, after it failed to resolve this file several times, and it is not yet known what legal or constitutional action can be taken to resolve the current crisis, especially since violations and manipulation of constitutional timings have become a rule for all political blocs. without exception.

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Attention awaits the intervention of the Federal Court to resolve the crisis

Saturday 09 April 2022 197

 

 Baghdad: Muhannad Abd al-Wahhab 

 

Once again, the attention of observers, experts and citizens turned to the Federal Supreme Court to resolve the current crisis caused by the political parties and other parties associated with them in the country, which hit the timing and paragraphs of the constitution more than once, the last of which was the expiration of the period granted by the court to Parliament in order to resolve the issue of electing the President of the Republic.

In an interview with Al-Sabah, political analyst Jassem Al-Sudani said, "After we have passed the constitutional and legal periods, there must be solutions to these violations, and the solution lies in accordance with Article 73 by filing lawsuits against all MPs who are absent from the presidential election session, considering that the legal person has breached the agreement." Which he came for, which is to attend parliament sessions. 

He added, "Breaching attendance at parliament sessions is a misdemeanor referred to Article 341 of the Penal Code, which states that breach of duty is a misdemeanor for which he is held accountable without reference to immunity, and therefore Parliament is dissolved and all deputies are dismissed by a decision of the Federal Court, and a return to the constitution in accordance with Article 73 Paragraph ten, this is the solution while all roads and doors were closed, and it is a legal solution based on legal and constitutional foundations.  

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How to declare a state of emergency according to the Iraqi constitution? Legal expert explains

• Time: 04/10 2022 02:34:24
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• Reading: 2,717 times

  

{Politics: Al Furat News} The legal expert, Ali Al-Tamimi, explained the mechanism for declaring a state of emergency in the country in accordance with the Iraqi constitution.

 

Al-Tamimi told Al-Furat News that: “It is stated in Article 61 ninth of the constitution that the state of emergency is declared with the approval of a two-thirds majority of the attendance after the quorum is achieved and at a joint request from the President of the Republic and the Prime Minister.”
And he added, "It is declared, that is, emergency for a period of 30 days that can be extended, and Parliament approves it with the same vote every time it votes. The Prime Minister is granted the powers granted to him in accordance with Emergency Law No. 1 of 2004, provided that the Prime Minister does within 15 from the date of its expiry." 
Al-Tamimi noted, "The caretaker government has the right to submit this request because security is one of the first priorities of the caretaker government, and Iraq is going through a more dangerous stage than the war on fear."
He continued, "Usually, an emergency is declared for security reasons, unrest, or security problems in some areas, but the state of emergency is in which familiar laws are disrupted and we are faced with exceptional cases, including arrests without referring to the judiciary, restricting freedoms, preventing travel and closing the media, all of which are temporary and need not be surprising for a long time. Usually countries resort to emergency in the narrowest of cases.

From: Raghad Daham