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Tohme: The people voted on the constitution in 2005, and then an illegal article was added later
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The head of the National Approach Bloc, Ammar Tohme, confirmed today, Thursday, that Article 142 of the [You must be registered and logged in to see this link.] is "illegal" because the people voted on the copy of the [You must be registered and logged in to see this link.] that was distributed to him in September 2005 and did not include that article.
He said in a statement, “The constitution acquired its legitimacy from the people's vote, and the people voted on the version that was distributed to them, containing only 139 articles, so it did not give legitimacy to the additives. We refer to a set of facts proving the unconstitutionality of Article 142:
1- The State Administration Law stipulated in Article 61 thereof that the National Assembly is obligated to write a draft of [You must be registered and logged in to see this link.] permanent [You must be registered and logged in to see this link.] no later than 15 August 2005 and the draft must be presented to the Iraqi people for approval and the draft is published in the period before the [You must be registered and logged in to see this link.]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.
2. The same article 61 of the law of the State Administration stipulated that when necessary passport request additional time to complete a draft [You must be registered and logged in to see this link.] to submit such a request from the President of the Assembly and the approval of a majority of the votes of its members and submit the request in a maximum period of the first of August 2005 , and the Presidency Council to extend the period for writing the [You must be registered and logged in to see this link.] for only six months It is not what happened when the aforementioned deadline expired and the application was not submitted and the Presidency Council has not been extended. This means that any addition to the draft [You must be registered and logged in to see this link.] 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.
3- 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 Preparation Committee has ended[You must be registered and logged in to see this link.] of the tasks of preparing the [You must be registered and logged in to see this link.] submitted it to the National Assembly on 22/8/2005 and presented the draft within the specified legal period and was read in the same session) and it confirms that the legal period for preparing the draft [You must be registered and logged in to see this link.] ended on 22/8/2005, and that draft contained 139 articles Just .
4. 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,
5. The State Administration Act referred to Article 61b (presenting the draft [You must be registered and logged in to see this link.]The permanent constitution for the Iraqi people to be approved by a general referendum, and in the period leading up to the referendum, the draft [You must be registered and logged in to see this link.] be published and distributed widely to encourage a public debate among the people about it) .
From the foregoing, any constitutional amendments must be based on Article 126 because Article 142 is illegal and has not acquired the signature of the Iraqi people.
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The head of the National Approach Bloc, Ammar Tohme, confirmed today, Thursday, that Article 142 of the [You must be registered and logged in to see this link.] is "illegal" because the people voted on the copy of the [You must be registered and logged in to see this link.] that was distributed to him in September 2005 and did not include that article.
He said in a statement, “The constitution acquired its legitimacy from the people's vote, and the people voted on the version that was distributed to them, containing only 139 articles, so it did not give legitimacy to the additives. We refer to a set of facts proving the unconstitutionality of Article 142:
1- The State Administration Law stipulated in Article 61 thereof that the National Assembly is obligated to write a draft of [You must be registered and logged in to see this link.] permanent [You must be registered and logged in to see this link.] no later than 15 August 2005 and the draft must be presented to the Iraqi people for approval and the draft is published in the period before the [You must be registered and logged in to see this link.]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.
2. The same article 61 of the law of the State Administration stipulated that when necessary passport request additional time to complete a draft [You must be registered and logged in to see this link.] to submit such a request from the President of the Assembly and the approval of a majority of the votes of its members and submit the request in a maximum period of the first of August 2005 , and the Presidency Council to extend the period for writing the [You must be registered and logged in to see this link.] for only six months It is not what happened when the aforementioned deadline expired and the application was not submitted and the Presidency Council has not been extended. This means that any addition to the draft [You must be registered and logged in to see this link.] 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.
3- 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 Preparation Committee has ended[You must be registered and logged in to see this link.] of the tasks of preparing the [You must be registered and logged in to see this link.] submitted it to the National Assembly on 22/8/2005 and presented the draft within the specified legal period and was read in the same session) and it confirms that the legal period for preparing the draft [You must be registered and logged in to see this link.] ended on 22/8/2005, and that draft contained 139 articles Just .
4. 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,
5. The State Administration Act referred to Article 61b (presenting the draft [You must be registered and logged in to see this link.]The permanent constitution for the Iraqi people to be approved by a general referendum, and in the period leading up to the referendum, the draft [You must be registered and logged in to see this link.] be published and distributed widely to encourage a public debate among the people about it) .
From the foregoing, any constitutional amendments must be based on Article 126 because Article 142 is illegal and has not acquired the signature of the Iraqi people.
Count
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