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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 constitution, the judiciary, and difficult solutions

    Rocky
    Rocky
    Rocky
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    Posts : 280438
    Join date : 2012-12-21
    • Post n°1

    The constitution, the judiciary, and difficult solutions Empty The constitution, the judiciary, and difficult solutions

    Post by Rocky Sun 13 Feb 2022, 6:45 am

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    Hamid Tarish
     
    The function of the constitution is to regulate the exercise of power, and in the event of disagreement about it, the Federal Supreme Court shall be the final judge. As for the issue of conflict and political division, it is natural as long as it goes within the framework of the constitution and its means is the constitutional judiciary, but here important questions arise, including whether the constitutional solution was absent or was Its rules are not integrated, at least in important issues, such as the election of the president of the republic, that is, unlike the features of the constitutional rule that it be general, abstract, clear and accommodating for all cases, and this is what some important constitutional rules are devoid of, such as the issue of the most numerous parliamentary bloc and the consequences of violating the constitutional deadlines Established with a view to achieving political stability, protecting the rights of the people, and managing the affairs of the country and people.And now the problem of electing the President of the Republic, which confronts the Iraqi political scene in light of the ambiguity of the constitutional solution, which was confirmed by the ruling of the Federal Supreme Court and of course the final and final rulings of the judiciary must be respected and committed by all, but this does not preclude commenting on it, and here it can be said regarding the aforementioned ruling That he suspended the session of the House of Representatives for the election of the President of the Republic in the event of going to the government of the national majority, by requiring two-thirds to achieve a quorum for the convening of that session, in contrast to the possibility of a constitutional solution that requires half plus one for the House of Representatives to convene. The constitution deals with it in a second electoral cycle in order for the president to win the majority regardless of the number of votes, and it is not a binding condition for the convening of the council.the moment.
    As for the signs of constitutional dissolution as clarified by the state order to suspend the candidacy of the representative of the owners of the national majority government until the charges against him are settled, they bear their bad choice in the event of a conviction, but what about the delay in ruling his innocence, and the speed of the said order was not taken into account, so is he forbidden when The constitutional date has arrived or the constitutional timings have been exceeded, especially since the opportunity to choose another candidate, instead of him, no longer exists by virtue of Article (2) of the Nomination Law for the Post of President of the Republic No. (8) for the year 2012, which it specified by three days from the date of the election of the Speaker of the House of Representatives As for the announcement of the opening of candidacy again, which was based on jurisprudence, and not a legal or constitutional text, related to the expiry of the constitutional deadline for electing the President of the Republic, it may be a new subject for another dispute. 
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