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Legal expert explains the mechanism for amending the Iraqi constitution
10:25 - 02/10/2020
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The legal expert, Ali Al-Tamimi, explained the mechanism for making amendments to the Iraqi constitution, pointing out that there are long procedures that must be taken in order to amend.
Al-Tamimi said to / the information /, that “the Iraqi constitution is not flexible and cannot be amended except through long and broad procedures and its amendment stipulated in articles 142 and 126 thereof. Article 142 must be applied first, as Federal Court Decision 54/2017 says, and therefore Parliament must form an amendment committee. And that its amendments are approved by an absolute majority of the number of its members, that is, half of the total number plus one after the quorum is achieved, and that it is submitted to a referendum, and half of the voters plus one agree, and that two-thirds of the voters in three governorates do not object to the amendment.
He added, "The articles that need to be amended, first the form of the political system, as we need to switch to the better presidential system for Iraq, and the solution of Article 140 related to the disputed areas ... and Article 73 is the president's powers and the form of parliament, and it is also possible for the political system to be mixed, as in France," That is, the president is elected by the people .. The prime minister is elected by parliament, and the president's powers are greater.
He indicated that "the current parliament must first be dissolved according to Article 64 of the Iraqi constitution and early legislative elections should be held, then after that the constitution is presented to the vote and its amendments, and the people are always the source of authority."
He pointed out that "what the Presidency of the Republic is doing of the proposed amendments that Parliament can take as an opinion, because the decision is finally in the hands of Parliament in accordance with Article 142 of the Constitution." 25 n
The legal expert, Ali Al-Tamimi, explained the mechanism for making amendments to the Iraqi constitution, pointing out that there are long procedures that must be taken in order to amend.
Al-Tamimi said to / the information /, that “the Iraqi constitution is not flexible and cannot be amended except through long and broad procedures and its amendment stipulated in articles 142 and 126 thereof. Article 142 must be applied first, as Federal Court Decision 54/2017 says, and therefore Parliament must form an amendment committee. And that its amendments are approved by an absolute majority of the number of its members, that is, half of the total number plus one after the quorum is achieved, and that it is submitted to a referendum, and half of the voters plus one agree, and that two-thirds of the voters in three governorates do not object to the amendment.
He added, "The articles that need to be amended, first the form of the political system, as we need to switch to the better presidential system for Iraq, and the solution of Article 140 related to the disputed areas ... and Article 73 is the president's powers and the form of parliament, and it is also possible for the political system to be mixed, as in France," That is, the president is elected by the people .. The prime minister is elected by parliament, and the president's powers are greater.
He indicated that "the current parliament must first be dissolved according to Article 64 of the Iraqi constitution and early legislative elections should be held, then after that the constitution is presented to the vote and its amendments, and the people are always the source of authority."
He pointed out that "what the Presidency of the Republic is doing of the proposed amendments that Parliament can take as an opinion, because the decision is finally in the hands of Parliament in accordance with Article 142 of the Constitution." 25 n
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