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[size=36]Judge Zaidan explains the Federal Court's decision regarding the dissolution of Parliament and calls for the amendment of constitutional articles[/size]
political| 06:24 - 10/09/2022
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Baghdad - Mawazine News
The head of the Judicial Council, Judge Faiq Zaidan, explained the decision of the Federal Court to dismiss the case for dissolving the House of Representatives, while calling for a review of constitutional articles.
Zidane said in an article below that read:
The judge is like any citizen in society who diagnoses the error or negativity of a social, political or economic phenomenon and suffers from its negative impact as a part of society. His duties as a judge, and this inability is caused by the absence of a constitutional provision regarding the constitutional breach or the absence of a legal provision regarding the act that some believe is an act whose perpetrator must be held accountable, because the judge is bound by the constitutional rule stipulated in Article 19/Second of the Constitution of the Republic of Iraq for the year 2005, which It stipulates (there is no crime or punishment without a text), as well as the legal rule stipulated in Article 1 of the Penal Code No. (111) for the year 1969 as amended, which states (there is no punishment for an act or omission except on the basis of a law that criminalizes it at the time of its commission). .
Therefore, constitutional violations or actions that are socially and morally unacceptable, the judge cannot hold the perpetrator accountable, whether institutions or individuals, without the presence of an explicit text that is punishable according to the legal conditions regulated by the constitutional or legal text. For example, the judiciary is fully aware of the negative effects of constitutional violations that occurred after the elections. Legislative action in October 2021 represented in not complying with the constitutional timings in the formation of the executive authority, in both the President of the Republic and the Council of Ministers, according to the text of Article (66) of the Constitution. A constitutional text permits him to do so, and this is what we have clearly seen in the decision of the Federal Supreme Court No. 132 and its units 17 cases/federal/2022 issued on 9/7/2022 regarding the lawsuit requesting the dissolution of the House of Representatives, although the judiciary agrees with the plaintiff in that lawsuit in fact that there are violations constitutionality committed by the councilRepresentatives clearly identified these violations, but the constitutional judiciary rejected the case by requesting the dissolution of the House of Representatives, because the penalty for this breach (dissolving the House) was entrusted by Article (64) of the Constitution to the House of Representatives itself to dissolve the House by an absolute majority of the number of its members either at the request of one-third of its members or Request from the Prime Minister and with the approval of the President of the Republic.
The Federal Court also justified its decision - and it is right in that - that its competencies are constitutionally defined under Article (93), and there is no authority among them to dissolve the House of Representatives, and in view of the clarity of this text, there is no justification for jurisprudence other than what is stated in it.
This case and others necessitate reconsideration of the drafting of the articles of the constitution that obstruct the formation of the constitutional authorities and that caused the state of political blockage and the accompanying unfortunate events, that the penalty for violating any constitutional text should be stipulated in the same text in a clear wording that is not subject to interpretation or interpretation.
Faiq Zidane
, September 10, 2022.
Zidane said in an article below that read:
The judge is like any citizen in society who diagnoses the error or negativity of a social, political or economic phenomenon and suffers from its negative impact as a part of society. His duties as a judge, and this inability is caused by the absence of a constitutional provision regarding the constitutional breach or the absence of a legal provision regarding the act that some believe is an act whose perpetrator must be held accountable, because the judge is bound by the constitutional rule stipulated in Article 19/Second of the Constitution of the Republic of Iraq for the year 2005, which It stipulates (there is no crime or punishment without a text), as well as the legal rule stipulated in Article 1 of the Penal Code No. (111) for the year 1969 as amended, which states (there is no punishment for an act or omission except on the basis of a law that criminalizes it at the time of its commission). .
Therefore, constitutional violations or actions that are socially and morally unacceptable, the judge cannot hold the perpetrator accountable, whether institutions or individuals, without the presence of an explicit text that is punishable according to the legal conditions regulated by the constitutional or legal text. For example, the judiciary is fully aware of the negative effects of constitutional violations that occurred after the elections. Legislative action in October 2021 represented in not complying with the constitutional timings in the formation of the executive authority, in both the President of the Republic and the Council of Ministers, according to the text of Article (66) of the Constitution. A constitutional text permits him to do so, and this is what we have clearly seen in the decision of the Federal Supreme Court No. 132 and its units 17 cases/federal/2022 issued on 9/7/2022 regarding the lawsuit requesting the dissolution of the House of Representatives, although the judiciary agrees with the plaintiff in that lawsuit in fact that there are violations constitutionality committed by the councilRepresentatives clearly identified these violations, but the constitutional judiciary rejected the case by requesting the dissolution of the House of Representatives, because the penalty for this breach (dissolving the House) was entrusted by Article (64) of the Constitution to the House of Representatives itself to dissolve the House by an absolute majority of the number of its members either at the request of one-third of its members or Request from the Prime Minister and with the approval of the President of the Republic.
The Federal Court also justified its decision - and it is right in that - that its competencies are constitutionally defined under Article (93), and there is no authority among them to dissolve the House of Representatives, and in view of the clarity of this text, there is no justification for jurisprudence other than what is stated in it.
This case and others necessitate reconsideration of the drafting of the articles of the constitution that obstruct the formation of the constitutional authorities and that caused the state of political blockage and the accompanying unfortunate events, that the penalty for violating any constitutional text should be stipulated in the same text in a clear wording that is not subject to interpretation or interpretation.
Faiq Zidane
, September 10, 2022.
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