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[size=36]A parliamentary bloc places five points that prove the unconstitutionality of Article 142[/size]
Political | 10:07 - 02/01/2020
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BAGHDAD - Mawazine News
The National Approach, Thursday, put five points that prove the unconstitutionality of Article 142.
The bloc said in a statement received by Mawazine News, a copy of it, that "the constitution gained its legitimacy from the people's vote, and the people voted on the copy that was distributed to it containing only 139 articles, and it did not give legitimacy to the added materials."
The bloc pointed to a set of facts that prove the unconstitutionality of Article 142:
- The State Administration Law stipulated in Article 61 of it that the National Assembly is obligated to write a draft of the permanent constitution no later than 15 August 2005 and the draft must be presented to the Iraqi people for approval and the draft will be published in the period leading up to the constitution The people are widely encouraged to encourage a public debate amongst the people about it, and it did not happen in relation to Article 142, as it was not among the written articles until August 15.
- The same Article 61 of the State Administration Law stipulated, when necessary, that an additional time may be requested to complete the draft constitution, provided that this request is submitted by the president of the association and with the approval of the majority of the votes of its members. Unless it occurs as the mentioned date has ended and the application has not been submitted and the Presidency Council has not been extended, this means that any addition to the draft constitution after August 15, 2005 - the end of the term of the National Assembly's completion of the draft constitution - is not legal and without effect.
- In the session of the National Assembly No. (57) on 28/8/2005 which was chaired by the Vice-President of the Assembly, he mentioned (The Constitution Preparation Committee finished the task of preparing the constitution and submitted to the National Assembly on 22/8/2005 and submitted the draft within the specified legal period and was read in The same session) and he confirms that the legal period for preparing the draft constitution ended on 22/8/2005, and that draft contained only 139 articles.
. In the meeting of the National Assembly No. (67) on 9/18/2005, the vice president of the association mentioned the session after he read some of the articles amended by the wording (these are the amendments that were made to the draft and it was delivered to the United Nations to be printed with five million copies and distributed to the Iraqi people) Without including the printed and published draft Article 142,
- The State Administration Law referred to Article 61b (a draft of the permanent constitution is presented to the Iraqi people for approval by a public referendum, and in the period before the referendum is held, the draft constitution is published and widely distributed to encourage a public debate among the people on it) and in compliance with this article was printed and published Draft in the ninth month in accordance with the content of this session is devoid of Article 142.
She explained that "any constitutional amendments must be based on Article 126 because Article 142 is illegal and has not acquired the signature of the Iraqi people." End 29 / p.
The National Approach, Thursday, put five points that prove the unconstitutionality of Article 142.
The bloc said in a statement received by Mawazine News, a copy of it, that "the constitution gained its legitimacy from the people's vote, and the people voted on the copy that was distributed to it containing only 139 articles, and it did not give legitimacy to the added materials."
The bloc pointed to a set of facts that prove the unconstitutionality of Article 142:
- The State Administration Law stipulated in Article 61 of it that the National Assembly is obligated to write a draft of the permanent constitution no later than 15 August 2005 and the draft must be presented to the Iraqi people for approval and the draft will be published in the period leading up to the constitution The people are widely encouraged to encourage a public debate amongst the people about it, and it did not happen in relation to Article 142, as it was not among the written articles until August 15.
- The same Article 61 of the State Administration Law stipulated, when necessary, that an additional time may be requested to complete the draft constitution, provided that this request is submitted by the president of the association and with the approval of the majority of the votes of its members. Unless it occurs as the mentioned date has ended and the application has not been submitted and the Presidency Council has not been extended, this means that any addition to the draft constitution after August 15, 2005 - the end of the term of the National Assembly's completion of the draft constitution - is not legal and without effect.
- In the session of the National Assembly No. (57) on 28/8/2005 which was chaired by the Vice-President of the Assembly, he mentioned (The Constitution Preparation Committee finished the task of preparing the constitution and submitted to the National Assembly on 22/8/2005 and submitted the draft within the specified legal period and was read in The same session) and he confirms that the legal period for preparing the draft constitution ended on 22/8/2005, and that draft contained only 139 articles.
. In the meeting of the National Assembly No. (67) on 9/18/2005, the vice president of the association mentioned the session after he read some of the articles amended by the wording (these are the amendments that were made to the draft and it was delivered to the United Nations to be printed with five million copies and distributed to the Iraqi people) Without including the printed and published draft Article 142,
- The State Administration Law referred to Article 61b (a draft of the permanent constitution is presented to the Iraqi people for approval by a public referendum, and in the period before the referendum is held, the draft constitution is published and widely distributed to encourage a public debate among the people on it) and in compliance with this article was printed and published Draft in the ninth month in accordance with the content of this session is devoid of Article 142.
She explained that "any constitutional amendments must be based on Article 126 because Article 142 is illegal and has not acquired the signature of the Iraqi people." End 29 / p.
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