[size=36]Legal: The competence of Parliament to legislate the Federal Court Act does not empower it to nominate or appoint its members[/size]
[You must be registered and logged in to see this link.]
A legal expert Mohamed Sharif, Saturday, that the competence of the House of Representatives in the legislation of the Federal Supreme Court does not authorize him to nominate or appoint its members, and promised this trend against the principle of separation between the powers provided for in the Constitution.
Al-Sherif told Mawazine News that "some of the MPs who found that their authority in the legislation of the Federal Supreme Court's law have the right to put an article in them give them the right to nominate or appoint their members."
He added that "the origin in the legislative jurisdiction of the House of Representatives is not to exceed the Constitution, which established the principle of separation of powers in accordance with Article (47), which reads (the federal authorities consist of the legislative, executive and judicial authorities exercise their powers and functions on the basis of the principle of separation of powers) .
He pointed out that "the House of Representatives if it is to enact a law, it must take into account non-interference in the affairs of the judiciary as an independent authority, which is also stipulated by the Constitution."
And Sharif, that "many of the laws were judged unconstitutional because the body that initiated it had exceeded its powers, and violated the Constitution in force."
He explained that "the Constitution set an exception to the principle of separation of powers texts that allowed the House of Representatives to approve the appointment of specific titles exclusively, namely the President and members of the Federal Court of Cassation, the Chief Prosecutor and the President of the Judicial Supervisory Authority, based on Articles (61 / V / (91 / II) thereof ".
"The Constitution, in all its articles, does not address other judicial addresses that its appointment is with the approval of the House of Representatives."
"The exception, as it is known, can not be expanded, and from this point of view it was ruled unconstitutional by the House of Representatives earlier that would allow him to approve the appointment of the vice president of the Federal Court of Cassation, Federal ".
"The non-expansion of the exemption also includes the failure to grant the House of Representatives the power to appoint or nominate members of the Federal Supreme Court; the fact that the Constitution did not provide for this, other than the addresses mentioned above (President and members of the Federal Court of Cassation, Judicial) ".
He concluded by saying that "the law that the House of Representatives works on legislation to the Federal Supreme Court must include mechanisms for the selection of its members, nomination and appointment, do not contradict with the Constitution, does not violate the principle of separation of powers, and does not represent interference in the judiciary."