Will the reform of the Iraqi political process be through the constitution and the law?

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[size=52]Will the reform of the Iraqi political process be through the constitution and the law?[/size]

[size=52][size=48][size=31]The parliamentary system needs basic and important components for its success, foremost of which are economic development and societal well-being[/size][/size][/size]
 MONDAY 19 SEPTEMBER 2022   
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[size=45]A CALL TO AMEND ARTICLES IN THE CONSTITUTION THAT CAUSED THE POLITICAL IMPASSE IN IRAQ (REUTERS)[/size]


[size=45]THE  [You must be registered and logged in to see this link.]  IN  [You must be registered and logged in to see this link.] CONTINUED  ITS PRECARIOUS PATH AFTER EACH ELECTORAL PROCESS, BUT THIS TIME IT WAS CHARACTERIZED BY OBSTRUCTION AND ABUSE OF CONSTITUTIONAL TERMS. THE POLITICAL BLOCS CONTINUE THEIR STRUGGLES OVER THE MECHANISM  [You must be registered and logged in to see this link.]  SINCE THE ELECTIONS WERE HELD IN OCTOBER OF LAST YEAR.[/size]
[size=45]AMENDING THE ARTICLES OF THE CONSTITUTION[/size]
[size=45]ON SEPTEMBER 10, 2022, THE HEAD OF THE SUPREME JUDICIAL COUNCIL, FAIQ ZAIDAN, CALLED FOR THE AMENDMENT OF ARTICLES IN THE CONSTITUTION THAT “CAUSED” THE POLITICAL IMPASSE IN IRAQ SINCE THE LEGISLATIVE ELECTIONS.[/size]
[size=45]ZAIDAN SAID IN A PRESS STATEMENT THAT "CONSTITUTIONAL VIOLATIONS OR SOCIALLY AND MORALLY UNACCEPTABLE ACTS CANNOT BE HELD ACCOUNTABLE BY THE JUDGE, WHETHER INSTITUTIONS OR INDIVIDUALS, UNLESS THERE IS AN EXPLICIT TEXT THAT IS PUNISHABLE ACCORDING TO LEGAL CONDITIONS."[/size]
[size=45]HE ADDED THAT "A LAWSUIT REQUESTING THE DISSOLUTION OF THE HOUSE OF REPRESENTATIVES, ALTHOUGH THE JUDICIARY AGREES WITH THE PLAINTIFF IN THAT LAWSUIT IN FACT THAT THERE ARE CONSTITUTIONAL VIOLATIONS COMMITTED BY THE HOUSE OF REPRESENTATIVES AND THE PERSON WHO CLEARLY MARKED THOSE VIOLATIONS, BUT THE CONSTITUTIONAL JUDICIARY REJECTED THE LAWSUIT BY REQUESTING THE DISSOLUTION OF THE HOUSE OF REPRESENTATIVES BECAUSE THE PENALTY FOR THIS BREACH (DISSOLVING THE COUNCIL) ENTRUSTED IT." ARTICLE (64) OF THE CONSTITUTION TO THE HOUSE OF REPRESENTATIVES ITSELF.[/size]
[size=45]THE HEAD OF THE JUDICIARY EXPLAINED THAT  [You must be registered and logged in to see this link.]  “IS DISSOLVED BY AN ABSOLUTE MAJORITY OF ITS MEMBERS, EITHER AT THE REQUEST OF ONE-THIRD OF ITS MEMBERS OR AT THE REQUEST OF THE PRIME MINISTER AND WITH THE APPROVAL OF THE PRESIDENT OF THE REPUBLIC.”[/size]
[size=45]HE ADDED THAT "THE JURISDICTION OF THE FEDERAL COURT IS CONSTITUTIONALLY DEFINED UNDER ARTICLE (93), AND THERE IS NO POWER AMONG THEM TO DISSOLVE THE HOUSE OF REPRESENTATIVES."[/size]
[size=45]ZAIDAN SAID, "IT IS NECESSARY TO RECONSIDER THE DRAFTING OF THE ARTICLES OF THE CONSTITUTION THAT OBSTRUCT THE FORMATION OF THE CONSTITUTIONAL AUTHORITIES, WHICH 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 FORMULATION THAT IS NOT SUBJECT TO INTERPRETATION OR INTERPRETATION."[/size]
[size=45]BASIC INGREDIENTS[/size]
[size=45]ON THE OTHER HAND, LEGAL SPECIALIST ALI AL-TAMIMI STRESSED THAT THE PARLIAMENTARY SYSTEM NEEDS BASIC AND IMPORTANT COMPONENTS FOR ITS SUCCESS, FOREMOST OF WHICH ARE ECONOMIC DEVELOPMENT AND SOCIETAL WELFARE, AS IT HAS BEEN IMPLEMENTED AND SUCCEEDED IN BRITAIN FIRST AND THEN THE SCANDINAVIAN COUNTRIES, BUT WHEN IT WAS PLACED IN A COUNTRY SUCH AS IRAQ, IT WAS SAID THAT IT WOULD LEAD TO SECTARIAN WAR AND STRIFE, AND THIS IS WHAT ACTUALLY HAPPENED.[/size]
[size=45]AL-TAMIMI INDICATED IN A PRESS STATEMENT THAT “THE IRAQI CONSTITUTION HAS COME WITH POSITIVE PRINCIPLES THAT ARE CONSISTENT WITH THE PRINCIPLES OF THE PARLIAMENTARY SYSTEM, BUT IT IS NOT SUITABLE IN IRAQ AND NEEDS TO BE THE FIRST AMENDMENTS TO THE CONSTITUTION TO BE THE FORM OF THE POLITICAL SYSTEM TO BE EITHER PRESIDENTIAL OR SEMI-PRESIDENTIAL.”[/size]
[size=45]HE POINTED OUT THAT "THE SEMI-PRESIDENTIAL SYSTEM IS THE BEST AND MOST SUCCESSFUL FOR IRAQ AT THE CURRENT STAGE, AS IS THE FORM OF THE CURRENT SYSTEM IN FRANCE, AS THE PARLIAMENTARY SYSTEM IN IRAQ HAS CREATED MULTIPLE DICTATORSHIPS FOR PARTIES, AND THIS IS THE MOST DANGEROUS."[/size]
[size=45]BIGGEST MASS[/size]
[size=45]BUT THE LEGAL SPECIALIST, DIA AL-DIN AL-BUDAIRI, INDICATED THAT THE LARGEST PARLIAMENTARY BLOC IS THE CAUSE OF THE PROBLEMS AND CAN BE AMENDED WITHOUT AMENDING THE CONSTITUTION, AND PARLIAMENT CAN AMEND ITS LAW AND REFER TO THIS PARAGRAPH AS AN EXPLICIT INDICATION THAT THE MOST NUMEROUS BLOC WILL BECOME THE WINNING BLOC IN TERMS OF THE NUMBER OF ITS DEPUTIES, WITHOUT RESORTING TO AN AMENDMENT THE CONSTITUTION IS ALSO DIFFICULT, BECAUSE THE IRAQI CONSTITUTION IS ONE OF THE VERY RIGID AND DRY CONSTITUTIONS, AND IT CANNOT BE AMENDED, ESPECIALLY WITH THE QUOTA SYSTEM.[/size]
[size=45]MEANWHILE, THE LEGAL SPECIALIST HAIDER AL-SUFI CONFIRMED THAT THE CONSTITUTIONAL AMENDMENT REQUIRES THAT THERE BE A COMMITTEE THAT PRESENTS THE AMENDMENTS TO PARLIAMENT, WHICH IN TURN MUST APPROVE THEM BY TWO-THIRDS, AND THEN SUBMIT IT TO THE PEOPLE FOR A REFERENDUM.[/size]
[size=45]AL-SUFI EXPLAINED THAT THE CURRENT CONSTITUTION STIPULATES THAT IN ORDER FOR THE AMENDMENTS TO BE APPROVED, THREE GOVERNORATES SHOULD NOT REJECT IT, MEANING THAT IT IS POSSIBLE TO MAKE AMENDMENTS TO THE CONSTITUTION EASILY, BUT THE GOVERNORATES SHOULD NOT OBJECT TO THESE AMENDMENTS.[/size]
[size=45]COMMITMENT TO THE ARTICLES OF THE CONSTITUTION[/size]
[size=45]FOR HIS PART, POLITICAL RESEARCHER SALEH LAFTA BELIEVES THAT “THE SAFEST, BEST AND JUST WAY TO REFORM THE POLITICAL PROCESS IS TO ADHERE TO THE ARTICLES AND PARAGRAPHS OF THE CONSTITUTION AND NOT TO OVERRIDE THE CONSTITUTION FOR ANY REASON AND TO SOLVE PROBLEMS ACCORDING TO THE LAW. RESPECTING THE LAW AND DEPORTING PROBLEMS TO SATISFY SOME PARTIES. IF THE CONSTITUTION WAS ADHERED TO TO EXPLAIN THE LARGEST BLOC, THE FORMATION OF THE GOVERNMENT WOULD NOT BE DELAYED FOR ANY ELECTORAL CYCLE, AND IF SPOILERS AND THIEVES WERE HELD ACCOUNTABLE, IRAQ WOULD NOT ISSUE THE LIST OF THE MOST CORRUPT COUNTRIES.”[/size]
[size=45]HE ADDED, "BUT THERE IS A PROBLEM, THAT THERE ARE PARAGRAPHS IN THE IRAQI CONSTITUTION THAT BEAR MORE THAN ONE INTERPRETATION AND BEARING VARIOUS ASPECTS. IF ONE PARTY AGREES TO THE INTERPRETATION OF THAT ARTICLE, OTHER PARTIES WILL CONSIDER THEMSELVES UNJUST WITH THAT INTERPRETATION, AS HAPPENED IN THE 2010 ELECTIONS AND THE INTERPRETATION OF THE FEDERAL COURT FOR THE LARGEST BLOC AND CONSIDERING THE IRAQI LIST WINNING THE LARGEST NUMBER OF PARLIAMENTARY SEATS. SHE WAS WRONGED AND HER RIGHT WAS STOLEN.”[/size]
[size=45]HE POINTED OUT, "WE NEED A CLEAR EXPLANATION OF THESE ARTICLES WITHOUT RESORTING TO THE FEDERAL COURT, DELAYING THE CONSTITUTIONAL BENEFITS IN EACH ELECTORAL CYCLE, AND AMENDING ARTICLES THAT CAUSE PROBLEMS OR HAVE BEEN DEPORTED FOR MANY YEARS."[/size]
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