[size=38]The Federal Court Triumphs Over The Principle Of Separation Of Powers
[You must be registered and logged in to see this link.]
2022/02/19 | 2:18 PM
[/size]
[You must be registered and logged in to see this link.]
[You must be registered and logged in to see this link.]
2022/02/19 | 2:18 PM
[/size]
[You must be registered and logged in to see this link.]
[You must be registered and logged in to see this link.]
books / d. Salah al-Safi...
The basic idea on which the principle of separation of powers is based is summed up in the necessity of distributing the main functions of government:Legislative, executive and judicial bodies have separate and equal bodies that are independent of each other in the exercise of their functions so that the power is not concentrated in one hand and abuses it, and tyrannizes the governed in an tyranny that ends with the elimination of the impartiality of individuals and their rights, and if that idea is the essence of the principle of separation of powers, this principle is not It means the establishment of a physical fence that completely separates the powers of government, and prevents each of them from performing its function under the pretext of prejudice to the other. Based on the premise that “power limits or stops power,” which leads to achieving individuals’ freedoms, guaranteeing their rights, and respecting laws, according to their fair and proper application. of them in their area of competence.
The principle of separation of powers is one of the pillars on which the idea of the state of law is based, and it is one of the guarantees of freedom in the modern democratic state. This principle simply means the necessity of distributing the three functions of the state to three bodies, each of which assumes its function as a rule independently of the other two authorities, because Gathering power in one fist would end freedom (absolute power corrupts absolutely).
Referring to the Iraqi constitution regarding the principle of separation of powers, we see a contradiction between Article 47 and Article 75 Fourth, where the first article emphasized the exercise of the federal authorities (executive, legislative and judicial) of their powers in accordance with the principle of separation of powers, while the other article dealt with the state of vacancy The position of the President of the Republic, which stipulates that “the Speaker of the House of Representatives shall replace the President of the Republic in the absence of a deputy for him.”
Here, there is a clear and contradictory contradiction to the principle of separation of powers when the president of the legislative authority replaces the president of the republic (executive authority) when the position of the president of the republic becomes vacant, in which case the speaker of parliament combines the powers of the legislative and executive authorities together.
The Federal Court’s decision came on 12/13/2022, which decreed that the President of the Republic would remain in office until the election of a new President of the Republic. Although the Federal Court did not clarify that its decision was based on the principle of separation of powers stipulated in Article 47 of the Constitution of the Republic of Iraq, it The clarification has raised a clear and flawed contradiction from the folds of the constitution, which was sought by the Federal Court in its recent decisions, some of which we addressed in our previous articles. bodes well.
[You must be registered and logged in to see this link.]
» Judy, MilitiaMan, Walkingstick and more......Wednesday AM 3-29-2023
» The Turkish Energy Minister denies fining his country $1.4 billion in the case of exporting Kurdista
» Integrity: the arrest of a wanted former trade official after his return from outside Iraq
» Report: Paving the Silk Road passes through pumping more Chinese loans to transit countries
» The Finance Committee breaks its silence: Al-Halbousi is alone discussing the budget in his private
» What is the benefit of the return of Iranian-Saudi relations to Iraq? Parliament answers
» Ports: 3 Travelers Were Arrested In Possession Of 522 Master Card Cards Intended For Smuggling
» Seizing A Factory For Industrial Fraud And Counterfeiting Trademarks, And Arresting Its Owner In Bag
» Iraq and Romania are discussing a mechanism for mutual coordination to support expertise between the
» The Agricultural Bank launches car purchase advances
» Al-Sudani calls for solving citizens' problems without waiting for the Prime Minister's directives
» Parliamentary Work: We have obligated local and foreign companies to employ the Iraqi workforce and
» Iraq Ports Company: The completion rate of the Al-Faw Grand Port project has reached more than 44.5%
» The head of the Service Council mortgages the launch of appointments to two issues and talks about t
» The Iraq Stock Exchange ends the day's trading, down 0.49%
» The arrest of a former official in the Ministry of Commerce after his return from abroad
» “Al-Kazemi incites Washington by inciting against Al-Sudani.” An American network warns the former p
» Deputy likely date of inclusion of the draft budget law on the agenda of Parliament
» The Central Bank of Iraq announces the imminent issuance of a decision regarding the possibility of
» Rashid: The United Nations has shown interest in helping Iraq solve water problems
» Exposing corruption and waste of public money worth 123 billion dinars in Basra (documents)
» After abolishing it years ago.. Restoring the provincial councils for the benefit or for the interes
» With rising prices, drought and lack of subsidies threaten the livestock market in Iraq
» The Iraqi Central Bank wants to issue a denomination of 20,000 dinars: we will issue a decision to p
» International trade obliges Iraq to pay compensation to Ankara in the arbitration case
» Declining Central Bank of Iraq sales of dollars
» An Iraqi bank launches car purchase advances
» International Trade orders Iraq to pay compensation to Ankara in the arbitration case
» Experts: Growing crude sales to China reflect positively on the economy
» Integrity monitors 5,000 lagging projects worth $20 billion over 5 years
» The maximum limit is 150 million.. An Iraqi company determines deposit compensation rates
» DNO begins closing oil fields in Kurdistan
» New talk from the Central Bank regarding the exchange rate and the possibility of printing a denomin
» Minister of Labor We await approval of the budget to include 600,000 families with social protection
» Al-Sudani calls for expediting registration for health insurance: services at subsidized prices
» Investors Association: Foreign investors are now selling their shares from Iraqi companies
» Baghdad and Muscat are finalizing the memorandum of understanding in the field of combating corrupti
» Parliament hosts the representative of the International Monetary Fund
» Parliamentary Oil confirms its intention to dismiss a number of officials of the Iraqi Oil Marketing
» The Iraqi charge d'affaires in Manama (tickles) the King of Bahrain, and its government officially p
» Al-Rafidain launches a new meal from the predecessors of employees and associates electronically
» The start of the tasks of the government services team in Baghdad
» Amending the election law raises controversy
» Parliamentary Committee: Basra Oil incurred 10 billion dinars as delay fines
» Lawmakers: The three-year budget cuts the path of corruption
» Kurdistan parties do not agree on an electoral system
» The central bank records the highest cash reserve in its history
» Kurdistan loses its most prominent supporters.. Washington is "angry" with its Kurdish allies, and t
» The Sudanese registers in the health insurance electronic form
» With a value of 123 billion dinars.. Parliamentary integrity reveals corruption and waste of public
» With fears of disruption to Kurdistan's supplies, oil is approaching $79 a barrel
» The President of the Republic stresses the need to support the oil industry
» Oil: directives to expedite the investment of 200 cubic meters per day of associated gas in Dhi Qar
» A Norwegian oil company closes wells and withdraws from the Kurdistan region
» Dollar prices recorded a noticeable decline in Baghdad markets
» The Iraqi Central Bank’s sales of dollars reach more than 200 million
» In numbers.. the new taxes in the budget and its “citizen victim”
» Oil: directives to expedite the investment of 200 cubic meters per day of associated gas in Dhi Qar
» On his visit to the Atomic Energy Agency (IAEA).. The Minister of Education discusses the developmen
» The Iraqi government withdraws the bill to confiscate the funds of the pillars of Saddam's regime
» Parliament passes the election law with security intervention after chaos
» Iraq makes the water file sovereign and tends to store the Turkish increase in releases
» An international report: 75% of the displaced farming families did not return to their homes
» The delegation of the Kurdistan region returns to Baghdad to discuss the settlement of previous diff
» The coordination framework is preparing to abolish the Judicial Commission and the Kirkuk elections
» Central Bank: Our measures contributed to the stability of the exchange rate
» The general amnesty returns to the fore... and a political consensus to speed up its approval
» Al-Sudani conveys the issue of water from his artistic side and makes it a sovereign file
» The Minister of Foreign Affairs directs to return the Iraqi Chargé d'Affairs to Bahrain to Baghdad
» The Minister of Finance is discussing cooperation with France and Britain in 3 sectors
» Electricity announces the operation of a crutch generation station on free national gas
» Al-Mandalawi and Al-Hakim stress the need to expedite the legislation of the budget law
» Retirement begins with the disbursement of the second meal for the beneficiaries of the category of
» Agriculture shows the mechanism of importing crops
» The Central Bank expects a decrease in the difference between the official and parallel exchange rat
» Deputy: It is expected that 15 laws will be presented to Parliament during the coming weeks
» Social protection: transgressors are held accountable and the money they received is returned
» Cabinet decisions at its meeting today
» The Social Protection Authority clarifies the mechanism for recovering money from those who violated
» Sudanese advisor: Central Bank reserves reached 115 billion dollars
» International oil prices continue to rise and are approaching $78 a barrel
» Demands for Iraq to move to put pressure on Türkiye to obtain its share of water
» Among them is the budget.. Al-Mandalawi and Al-Hakim discuss the importance of approving legislation
» KTFA Monday Night CC "Don't Go Chasing Waterfalls" 3-27-2023
» The House of Representatives is close to approving a law that has been suspended for more than a dec
» Advisor to the Prime Minister: Iraq's economy is strong and moving towards improvement
» Sudanese advisor: The official exchange rate will match the parallel exchange rate within a few week
» The most prominent of which is the discussion of the oil file.. A delegation from the regional gover
» Parliamentary Finance: We have received the draft budget and it is not necessary to return it to the
» Parliamentary mobilization for statement "One" against the dictatorship of Al-Halbousi during the se
» Framework: We will not make any concessions in order to pass the election law
» Al-Bayati: The budget will be decided during next April, and the Kurds will not hinder its passage
» With an area of 330 dunums.. revealed the details of an economic and commercial city project in Ba
» Framework: Reviewing the strategic agreement with America will be a next priority after its failure
» A parliamentary move to host the Minister of Commerce due to the delay in disbursing the ration card
» Kurdistan's oil is stacked in storage tanks after exports to Turkey stopped
» Parliament was surprised by Al-Halbousi's behavior by hiding the budget and putting forward politica
» Expert: The American presence on the borders undermines the country's security and threatens its saf