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[size=36]President of the Supreme Judicial Council: Amending the constitution is a necessity imposed by the political reality[/size]
political| 12:12 - 14/02/2022
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Baghdad - Mawazine News
, the head of the Supreme Judicial Council, Judge Faiq Zaidan, affirmed, on Monday, that the House of Representatives has a historical responsibility and a national duty, which is the need to work on amending the constitutional articles that can be reformulated.
Zaidan said in a statement seen by Mawazine News, "The constitution is defined as the supreme law in the state, through which the form of the state, its government, its system of governance, the nature of authorities, their competencies, relations between them and their limits, in addition to defining the rights of citizens and ensuring the performance of these rights for them." Noting that "the constitutions of countries are drafted in accordance with the political, social and economic conditions of each country. Of course, these circumstances change. Therefore, the constitution must be amended in accordance with the changing circumstances, especially since the constitutional system of any country is very difficult to reach the degree of perfection, regardless of the degree of mastery of its drafting. ".
He added that "in Iraq, the 2005 constitution was drafted in circumstances that differ at the time from the current conditions, and most of those who participated in its drafting in the currently enforceable form are at the forefront of calling for its amendment now to the conditions and developments of the political reality, which has reached the stage of violating the constitution on more than one occasion because of the texts Constitutionalism, which is no longer appropriate for the current stage, and perhaps more.”
He pointed out that "the constitutional texts that need to be amended are the articles whose provisions caused the formation of authorities to falter, including those that require approval (a two-thirds majority of the total number of members of the House of Representatives), and this majority assumes the presence of two-thirds of the total number of members of the House of Representatives as a first step, as it is the quorum required to open the A session of the House of Representatives, then a vote is taken to obtain the approval of the same number of members of the House of Representatives, as is the case for example in Article (52) which stipulates that the House of Representatives decides on the validity of the membership of its members by a two-thirds majority of its members and Article (65) which stipulated the enactment of a law The Union Council by a two-thirds majority of the members of the House of Representatives, as well as what Article (70) stipulates that the House of Representatives elects from among the candidates a president of the republic by a two-thirds majority of its members, and Article (92) which requires the enactment of the Federal Supreme Court law with a two-thirds majority of the members of the House of Representatives.
And he continued, "From these texts, we note in practice how the condition of achieving a quorum for the convening of the Council, and then the approval of two-thirds of the members of the House of Representatives for a specific position or the legislation of a law, which means that the country will enter into a political and constitutional crisis, as evidenced by the inability of the House of Representatives to legislate the law of the Federation Council and the law of the Federal Supreme Court since The entry into force of the Constitution in 2005 and until now. As for the condition of electing the President of the Republic by a majority of two-thirds of the total number of members of the House of Representatives, it has caused the political crisis that Iraq is currently witnessing, as it is not possible for the House of Representatives to hold a session to elect the President of the Republic unless a quorum of two-thirds of the total number of members of the House is achieved. To vote on the competing candidates for this position, as a first step, the winner must obtain a two-thirds majority of the total number of members of the House of Representatives.
He explained, "If none of the candidates obtains this majority, competition will take place between the candidates who obtained the highest votes, and this is the second step in accordance with the provisions of Article (70) of the Constitution, and because of this restriction set by the constitutional legislator, the constitutional period of thirty days has expired from the date of the first meeting. For the House of Representatives on (9/1/2022), which is the period specified by Article (72/second/b) of the Constitution for the President of the Republic to continue exercising his duties until after the end of the elections for the new House of Representatives.”
He continued, "We entered the stage of constitutional jurisprudence regarding whether or not the president will continue to exercise his duties until the election of a new president, as the Federal Court had previously worked hard in 2010 under its decision No. (51 / Federal / 2010) issued on 7/13/2010 that the Presidency Council (which He was performing the duties of the President of the Republic at the time) and he continues to exercise the functions of the President of the Republic until a President of the Republic is elected despite the constitutional violation that occurred (as described by the Court in the aforementioned decision) to exceed the period specified for electing a new President of the Republic, and this jurisprudence followed the example of the Federal Court (with its new formation) According to its decision No. (24 / Federal / 2022) issued on February 13, 2022, where it authorized the continuation of the President of the Republic in his duties until the election of a new president in accordance with the requirements of necessity and public interest despite the expiry of the constitutional period specified by Article (72 / second / b).
The President of the Supreme Judicial Council emphasized,The most important constitutional problem is the formulation of Article (76) of the Constitution, which stipulates that the President of the Republic assigns the candidate (the most numerous parliamentary bloc) to form the Council of Ministers. 3/2010 The concept of the most numerous parliamentary bloc as (as for the bloc formed after the elections through one electoral list, it entered the elections with a specific name and number and won the most number of seats, or the bloc that gathered from two or more electoral lists that entered the elections with names and numbers Then they coalesced into one bloc with one entity in the House of Representatives, whichever is more numerous. The President of the Republic assigns the candidate of the parliamentary bloc, whose parliamentary seats in the first session of the House of Representatives became more numerous than the other bloc or blocs to form the Council of Ministers) while the Federal Supreme Court went (with its new formation) to not require a composition orThe formation of the most numerous parliamentary bloc in the first session, but it permitted that in any session of the House of Representatives according to the decision issued in No. (7 and its units 9 and 10/Federal/2022) dated 2/3/2022.
He pointed out that "a section of constitutional law specialists (we agree with them) believe that what is meant by the most numerous parliamentary bloc is (the list or the bloc that won the elections), given that this interpretation is the closest to the logic of electoral competition."
Zaidan stressed that "the House of Representatives is faced with a historical responsibility and a national duty represented in the need to work on amending the aforementioned constitutional articles, especially since they are not controversial articles, but are subject to reformulation in a way that ensures that the country does not enter into a state of breach or constitutional vacuum in the future by adopting the principle contained in Article (59) of The constitution stipulates that the quorum for the sessions of the House of Representatives is achieved in the presence of an absolute majority of the number of its members. Decisions are taken by a simple majority after achieving a quorum and the application of this principle in general without stipulating a “majority of two-thirds of the number of members of the House” wherever it is mentioned in the constitution, as well as the necessity of amending Article (76) and stipulating the principle of It is clear and not subject to jurisprudence that the President of the Republic assigns the candidate of the bloc or the winning list in the elections to form the Council of Ministers in the same session of the President’s election after completing the procedures for his constitutional election. . Ended 29/N33
, the head of the Supreme Judicial Council, Judge Faiq Zaidan, affirmed, on Monday, that the House of Representatives has a historical responsibility and a national duty, which is the need to work on amending the constitutional articles that can be reformulated.
Zaidan said in a statement seen by Mawazine News, "The constitution is defined as the supreme law in the state, through which the form of the state, its government, its system of governance, the nature of authorities, their competencies, relations between them and their limits, in addition to defining the rights of citizens and ensuring the performance of these rights for them." Noting that "the constitutions of countries are drafted in accordance with the political, social and economic conditions of each country. Of course, these circumstances change. Therefore, the constitution must be amended in accordance with the changing circumstances, especially since the constitutional system of any country is very difficult to reach the degree of perfection, regardless of the degree of mastery of its drafting. ".
He added that "in Iraq, the 2005 constitution was drafted in circumstances that differ at the time from the current conditions, and most of those who participated in its drafting in the currently enforceable form are at the forefront of calling for its amendment now to the conditions and developments of the political reality, which has reached the stage of violating the constitution on more than one occasion because of the texts Constitutionalism, which is no longer appropriate for the current stage, and perhaps more.”
He pointed out that "the constitutional texts that need to be amended are the articles whose provisions caused the formation of authorities to falter, including those that require approval (a two-thirds majority of the total number of members of the House of Representatives), and this majority assumes the presence of two-thirds of the total number of members of the House of Representatives as a first step, as it is the quorum required to open the A session of the House of Representatives, then a vote is taken to obtain the approval of the same number of members of the House of Representatives, as is the case for example in Article (52) which stipulates that the House of Representatives decides on the validity of the membership of its members by a two-thirds majority of its members and Article (65) which stipulated the enactment of a law The Union Council by a two-thirds majority of the members of the House of Representatives, as well as what Article (70) stipulates that the House of Representatives elects from among the candidates a president of the republic by a two-thirds majority of its members, and Article (92) which requires the enactment of the Federal Supreme Court law with a two-thirds majority of the members of the House of Representatives.
And he continued, "From these texts, we note in practice how the condition of achieving a quorum for the convening of the Council, and then the approval of two-thirds of the members of the House of Representatives for a specific position or the legislation of a law, which means that the country will enter into a political and constitutional crisis, as evidenced by the inability of the House of Representatives to legislate the law of the Federation Council and the law of the Federal Supreme Court since The entry into force of the Constitution in 2005 and until now. As for the condition of electing the President of the Republic by a majority of two-thirds of the total number of members of the House of Representatives, it has caused the political crisis that Iraq is currently witnessing, as it is not possible for the House of Representatives to hold a session to elect the President of the Republic unless a quorum of two-thirds of the total number of members of the House is achieved. To vote on the competing candidates for this position, as a first step, the winner must obtain a two-thirds majority of the total number of members of the House of Representatives.
He explained, "If none of the candidates obtains this majority, competition will take place between the candidates who obtained the highest votes, and this is the second step in accordance with the provisions of Article (70) of the Constitution, and because of this restriction set by the constitutional legislator, the constitutional period of thirty days has expired from the date of the first meeting. For the House of Representatives on (9/1/2022), which is the period specified by Article (72/second/b) of the Constitution for the President of the Republic to continue exercising his duties until after the end of the elections for the new House of Representatives.”
He continued, "We entered the stage of constitutional jurisprudence regarding whether or not the president will continue to exercise his duties until the election of a new president, as the Federal Court had previously worked hard in 2010 under its decision No. (51 / Federal / 2010) issued on 7/13/2010 that the Presidency Council (which He was performing the duties of the President of the Republic at the time) and he continues to exercise the functions of the President of the Republic until a President of the Republic is elected despite the constitutional violation that occurred (as described by the Court in the aforementioned decision) to exceed the period specified for electing a new President of the Republic, and this jurisprudence followed the example of the Federal Court (with its new formation) According to its decision No. (24 / Federal / 2022) issued on February 13, 2022, where it authorized the continuation of the President of the Republic in his duties until the election of a new president in accordance with the requirements of necessity and public interest despite the expiry of the constitutional period specified by Article (72 / second / b).
The President of the Supreme Judicial Council emphasized,The most important constitutional problem is the formulation of Article (76) of the Constitution, which stipulates that the President of the Republic assigns the candidate (the most numerous parliamentary bloc) to form the Council of Ministers. 3/2010 The concept of the most numerous parliamentary bloc as (as for the bloc formed after the elections through one electoral list, it entered the elections with a specific name and number and won the most number of seats, or the bloc that gathered from two or more electoral lists that entered the elections with names and numbers Then they coalesced into one bloc with one entity in the House of Representatives, whichever is more numerous. The President of the Republic assigns the candidate of the parliamentary bloc, whose parliamentary seats in the first session of the House of Representatives became more numerous than the other bloc or blocs to form the Council of Ministers) while the Federal Supreme Court went (with its new formation) to not require a composition orThe formation of the most numerous parliamentary bloc in the first session, but it permitted that in any session of the House of Representatives according to the decision issued in No. (7 and its units 9 and 10/Federal/2022) dated 2/3/2022.
He pointed out that "a section of constitutional law specialists (we agree with them) believe that what is meant by the most numerous parliamentary bloc is (the list or the bloc that won the elections), given that this interpretation is the closest to the logic of electoral competition."
Zaidan stressed that "the House of Representatives is faced with a historical responsibility and a national duty represented in the need to work on amending the aforementioned constitutional articles, especially since they are not controversial articles, but are subject to reformulation in a way that ensures that the country does not enter into a state of breach or constitutional vacuum in the future by adopting the principle contained in Article (59) of The constitution stipulates that the quorum for the sessions of the House of Representatives is achieved in the presence of an absolute majority of the number of its members. Decisions are taken by a simple majority after achieving a quorum and the application of this principle in general without stipulating a “majority of two-thirds of the number of members of the House” wherever it is mentioned in the constitution, as well as the necessity of amending Article (76) and stipulating the principle of It is clear and not subject to jurisprudence that the President of the Republic assigns the candidate of the bloc or the winning list in the elections to form the Council of Ministers in the same session of the President’s election after completing the procedures for his constitutional election. . Ended 29/N33
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