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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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    The judiciary publishes an article about the Federal Court and controversial experts of jurisprudenc

    Rocky
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    The judiciary publishes an article about the Federal Court and controversial experts of jurisprudenc Empty The judiciary publishes an article about the Federal Court and controversial experts of jurisprudenc

    Post by Rocky Thu 18 Mar 2021, 7:55 am

    The judiciary publishes an article about the Federal Court and controversial experts of jurisprudence

    •  Time: 03/18/2021 11:41:09
       
    •  Read: 2,366 times

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    {Local: Al Furat News} The Supreme Judicial Council published an article about the Federal Court and jurisprudence experts.
    Al-Mukhtasar al-Mufid .. In important news, you can find it on the Al Furat News channel on the Telegram .. [You must be registered and logged in to see this link.]
    Researcher and thinker Rahim Abu Ragheef said in an article published by the judiciary on his website today: “The Federal Court’s law sparked a heated debate in the Iraqi scene in general and the specialists in particular. The Federal Court as the judicial body that is competent in adjudicating constitutional disputes in accordance with Article 93 of the Constitution, which is With this description the importance of it and the seriousness of its final and binding decisions becomes clear, and this is what prompted the constitution to introduce a term that does not identify with the nature of the constitutional context for the members of the court from among the judges, and perhaps the legislator wanted to justify the existence of (experts in jurisprudence) by what some (fathers) expressed.
    He added, "Al-Dustoury, which is a strange expression for the work of the judiciary in general, as the function of the judiciary is to apply laws and deal with their interpretation is normative, and perhaps the legislator did not pay attention to the nature of the diversity and pluralism that make up the Iraqi people, whose problems can only be completed by sponsoring the principle of (citizenship), including its meaning. And the presence of (experts) can be answered in no way:
    First: Standardization, what is the criterion for defining an expert in jurisprudence?
    Second: The multiplicity of opinions and perceptions of jurisprudence according to schools and schools of thought and trends, and this reflects a clear division in the construction of decisions, especially since the law to be enacted grants experts of jurisprudence the right to full membership in the rest of the judiciary, and this is confusion and disturbance in the work of the judge !!
    Abu Ragheef added, "We do not fail to pay attention to the fact that a large part of the judiciary’s adoption does not intersect with Sharia according to the laws in force, that is, the judge can do what is required of Sharia experts or jurisprudence experts, and it may not be possible for experts to be aware of the judge’s work and his strict academic vision."
    Third: The term experts of jurisprudence does not exist except in the constitutional text. As for the literature of traditional schools of jurisprudence, this term does not exist, and accordingly, the body that calls the expert is a specialized academic body that adopts clear and specific standards!
    And he continued, "As for the nomination of experts by the two endowments, it is necessary from this that they are employees of an institution affiliated with the executive authority and subject to quotas, and thus this matter raises suspicion in the decisions in question!
    Fourth: Jurisprudence institutions were not officially named and accredited except with some Muslim schools and the multiplicity of references, so how is it done?" Looking at non-Muslims in a country full of diversity and this increases the level of congestion and marginalization. The
    thinker went on to say: “In addition to what suggests contradiction or even contradiction with Article 88 of the Constitution, and above all, the presence of experts in jurisprudence leads us to the conflict between sub-identities ( Constituency) and identities (national citizenship) ?!
    He concluded by saying: "It is possible for the Iraqi legislator to go to a haven that would distance us from this impasse and its repercussions."
    Ammar Al-Masoudi
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