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Baghdad: Huda Al-Azzawi
Many of the future democracies implement a “bilateral” legislative system consisting of two chambers or two legislative chambers, and the bicameral legislative system requires the approval of a majority of the two houses simultaneously to pass any legislation, and despite the adoption of this system in the Iraqi constitution 2005, the “Council of the Union” remained ink on paper, so it attended constitutionally and realistically absent due to a clear “constitutional defect” and the reluctance of the House of Representatives to legislate a law of its own, and the presidencies did not perform their role as
The Constitution of the Republic of Iraq for the year 2005 goes to define the legislative authority in accordance with Article (48) as follows: “The federal legislative authority consists of the Council of Representatives and the Federation Council,” and defines the nature of the Federation Council in accordance with Article (65) according to the following: (The Council of the Federation) includes representatives of the regions and governorates that are not organized in a region, and its composition, terms of membership in it, its competencies, and everything related to it, is regulated by a law enacted by a two-thirds majority of the members of the House of Representatives.
The head of the Deans’ Committee of Law in Iraqi Universities and Dean of the College of Law at the University of Babylon, Dr. Miri Kazem Al-Khikani, said in an interview: “There is a flaw in the Iraqi constitution. And its powers and competencies, while the Constitution referred (the Federation Council) in accordance with Article 65 to be regulated by law, and the constitutional legislature was supposed to regulate the provisions of the Federation Council in the constitution and not leave it to the law,” noting that “this is a fundamental defect in the way of inequality in consideration By the legislator when drafting the constitution between the House of Representatives and the Federation Council.
He pointed out that "the second framework is represented by Article 137 of the Constitution, which stipulates that the work of the Union Council is postponed until a decision is issued by the House of Representatives by a two-thirds majority after its first electoral cycle, which it holds after the entry into force of the Constitution, meaning that the Union Council does not exist in the first session and after that it must That this be decided by a law, and the fact is that the Federal Court sent Resolution No. 72 in 2012 to the House of Representatives, in which it confirmed that (the House of Representatives must issue a clear and explicit decision to form the Union Council and tighten the Council’s law to fulfill the conditions of formality and objectivity, at a level of accuracy and clarity that prevents jurisprudence and judicial, and for the House of Representatives to issue a decision or statement indicating a clear and explicit recommendation to legislate this
Al-Khikani explained that "what we mentioned above is a defect that is calculated on the electoral cycles that have passed. So far, there is no law regulating the work of the Federation Council."
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