[size=38]What After The Withdrawal Of Legitimacy From The Parliament??
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03/18/2022 | 4:42 PM
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03/18/2022 | 4:42 PM
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Books / Iyad Al-Samawi…
In our previous article (Who Gives Legitimacy to Federal and Regional State Institutions??) on 3/16/2022, we had presented to Iraqi public opinion a very important issue, which is that the Federal Supreme Court can withdraw legitimacy from the Iraqi Council of Representatives in the event of a breach of the Council His constitutional duties and his lack of full commitment to the provisions of the constitution, given that the constitution is what gives legitimacy to all federal and regional state institutions.. In fact, this opinion, which was unique to the writer of this article and based on Federal Court Decision No. 23 and its unified 25 / Federal / 2022, has formed A shock to many politicians and lawmen and those interested in the Iraqi political affairs. The state of political blockage that the country is going through, which has caused the violation of constitutional timings, has made everyone ask what to do and how to get out of this constitutional impasse?? The Iraqi constitution did not address this problem nor did it put solutions to it.
It seems that the Federal Supreme Court has become aware of this constitutional impasse that the country is going through, and it has not been addressed in the Iraqi constitution.. The Court has established a new constitutional principle that stems from the texts and spirit of the Constitution, and this new principle was stated in Federal Court Decision No. 23 and its unified 25 / Federal / 2022 ), the new principle is based on the parliament’s full commitment to the provisions of the constitution, where the ruling stipulated (..and that all of this presupposes full adherence to the provisions of the constitution, given that the constitution gives legitimacy to the federal and regional state institutions, and otherwise these institutions lose their legitimacy). With this new constitutional principle, the Federal Supreme Court has had the power to withdraw legitimacy from any federal or regional institution that does not abide by the provisions of the constitution.. and if we assume that the state of political blockage has continued beyond the parliament session scheduled for 3/26/2022 and the political blocs have not reached To agree to the President of the Republic,It is certain that the House of Representatives’ continued non-compliance with its constitutional duties stipulated in Article (61/Third), will place the Federal Court in front of its constitutional and historical duties of protecting the democratic system and will withdraw legitimacy from the House of Representatives, which violated its constitutional duties stipulated in Article (61/III) of The Constitution, and in this case the House of Representatives loses its constitutional legitimacy and is considered dissolved.. Since Article (64/second) of the Constitution stipulates (the President of the Republic, upon dissolving the House of Representatives, shall call for general elections in the country within a maximum period of sixty days from the date of the dissolution In this case, the Council of Ministers is considered resigned, and continues to manage daily affairs), in which case the President of the Republic calls for new parliamentary elections within a maximum period of sixty days.In this case, the President of the Republic, Barham Salih, assumes the duties of the Prime Minister based on Article (81/first) of the Constitution, which stipulates that (the President of the Republic shall take the position of the Prime Minister, when the position becomes vacant for any reason) .. and there is no constitutional solution other than This solution.. I am one of the advocates of withdrawing legitimacy from the current parliament and holding new parliamentary elections in case it fails to elect a president of the republic in the next session of the parliament, and I call on the president of the republic, Barham Salih, to carry out his constitutional duties stipulated in articles (64/second and 81/first). ) of the constitution to get out of this constitutional impasse and protect the democratic system, in coordination with the Federal Supreme Court, the only guarantor of the protection of our democratic system.I am one of the advocates of withdrawing legitimacy from the current parliament and holding new parliamentary elections in case it fails to elect a president of the republic in the next session of the parliament. I call on the president of the republic, Barham Salih, to carry out his constitutional duties stipulated in articles (64/second and 81/first) of the constitution to exit From this constitutional impasse, the protection of the democratic system, in coordination with the Federal Supreme Court, is the only guarantor of the protection of our democratic system.I am one of the advocates of withdrawing legitimacy from the current parliament and holding new parliamentary elections in case it fails to elect a president of the republic in the next session of the parliament. I call on the president of the republic, Barham Salih, to carry out his constitutional duties stipulated in articles (64/second and 81/first) of the constitution to exit From this constitutional impasse, the protection of the democratic system, in coordination with the Federal Supreme Court, is the only guarantor of the protection of our democratic system.
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