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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    A legal analysis of changing the “Presidency of Parliament” in the Iraqi internal system

    Rocky
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    A legal analysis of changing the “Presidency of Parliament” in the Iraqi internal system Empty A legal analysis of changing the “Presidency of Parliament” in the Iraqi internal system

    Post by Rocky Mon 15 Jan 2024, 6:39 am

    [size=38]A legal analysis of changing the “Presidency of Parliament” in the Iraqi internal system[/size]


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    January 15, 2024[You must be registered and logged in to see this link.]
    Baghdad/Al-Masala Al-Hadath: Legal warnings were sent to Parliament regarding its attempt to amend its bylaws, which constitutes a constitutional violation. The arguments are based on a previous decision of the Federal Court that abolished the so-called “Presidium of Parliament” and stressed the importance of the name of the Speaker of Parliament and his two deputies being in accordance with the Constitution.
    On Sunday, legal expert Ali Al-Tamimi warned that Parliament was committing a constitutional violation after seeking to amend its bylaws.
    Al-Tamimi explained that “seeking to amend the internal regulations of the House of Representatives by renaming the Presidency of Parliament violates the Constitution.” He referred to a previous decision of the Federal Court No. (87) of 2012, in which the court abolished the so-called “Presidency of Parliament,” requiring that the names of the Speaker and his two deputies or the President and his deputy be named.
    Al-Tamimi added, “The decisions of the Federal Court are binding on all authorities, and it is not permissible to amend the bylaws of the House of Representatives in a way that contradicts this decision in accordance with Article (94) of the Constitution.”
    The structures of government and parliament form the basis of the political system in any country, and these administrative and legislative structures require modernization and compatibility with legal and constitutional developments.
    In this context, the decision to abolish the term “Presidency of Parliament” in Iraq and replace it with “Speaker of Parliament and his two deputies or President and his deputy” sparked legal controversy.
    The importance of changing the designation:
    These structural changes in the designation of the Presidency of Parliament reflect deeper legal aspects, as jurists emphasize that the designation carries a legal meaning that affects powers and duties. Defining “the Speaker and his two deputies or the Speaker and his deputy” shows a stronger orientation towards defining the presidential structure of Parliament, which enhances clarity of powers and proper distribution of powers.
    The impact of the change on powers
    In the context of the previous judicial decision (Resolution No. 87 of 2012) that abolished the “Presidency of Parliament”, the change in nomenclature shows consistency with this judicial ruling, which strengthens commitment to the authority of the Federal Court and ensures harmony between legislation and the judiciary.
    The ongoing changes in the Iraqi political system reflect a response to society's demands and aspirations towards a democratic system based on the rule of law. Modernizing internal structures reflects the state's readiness to adapt to legal developments and political changes.
    Potential Challenges
    Although changes in nomenclature may lead to a unified understanding of powers and duties, they may face practical challenges in implementation. Parliament must determine how to translate these changes into practice and how to ensure an effective balance between the various authorities.
    In the midst of legal and constitutional transformations, changing the name stands out as an important step towards enhancing transparency and defining powers in the Iraqi parliament. The legal and legislative authorities must work in harmony to achieve the goals of the changes without compromising the integrity of the Constitution and the rule of law.
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