Amending Article 64 of the Constitution to get out of the crisis

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[size=52]Amending Article 64 of the Constitution to get out of the crisis[/size]

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 Baghdad: Huda Al-Azzawi

Law experts explained that the proposal of the President of the Supreme Judicial Council to amend the constitution with regard to Article 64 of the constitution related to the mechanisms for dissolving parliament through new provisions, has changed the form and framework of the current system in Iraq from a parliamentary to a semi-presidential or close to it.
The Head of the Deans of Law Committees in Iraq, Dean of the College of Law at the University of Babylon, Dr. Miri Kazem Al-Khikani, said in an interview: “One of the problems that exist and are indicated in the Constitution of Iraq is that the Parliament is not dissolved except by the Council itself. There is no authority for the President of the Republic, the Prime Minister, or Both of them may dissolve Parliament, except by submitting a proposal from them, provided that it is presented to the House of Representatives and voted on to dissolve Parliament.
And he indicated that "in connection with the statement of the President of the Supreme Judicial Council regarding amending the constitution and giving constitutional authority to the prime ministers and the republic, as they are the two wings of the executive authority in Iraq and giving them the right to dissolve parliament without submitting this to the House of Representatives; It certainly needs to amend the constitution. When referring to Article 126 of the 2005 constitution, we find the paragraphs that stipulate the constitutional mechanisms to be followed and implemented to amend the constitution every time, and that in order for the amendment to be effective, it must pass through the House of Representatives and that these amendments pass by a two-thirds majority of the members of the House of Representatives. “.
He stressed that “the problem exists and is persistent in that giving the constitutional authority to the Prime Minister and the President of the Republic to dissolve Parliament must pass the entry into force of this constitutional amendment through the gate of the House of Representatives and by a two-thirds majority of its members after exhausting and following other procedures from presenting this referendum to the residents of Iraq, provided that three provinces do not object to it. At least according to Article 126.
Al-Khikani pointed out that “granting the presidents of the republic and the Council of Ministers the power to dissolve parliament and that their decision be subject to appeal before the Federal Supreme Court, actually creates a state of balance between the executive and legislative authorities, but it leads as a result to transforming the shape and framework of the political system in Iraq from a parliamentary system to one.” A system close to the presidential system.
On Friday, the head of the Supreme Judicial Council, Faiq Zeidan, issued a clarification regarding the penalty for violating the constitutional rule and dissolving Parliament.
Zidan said: “We see the amendment of the constitutional text contained in Article (64/First) that the dissolution of the House of Representatives be by a decision of the Prime Minister and with the approval of the President of the Republic, provided that it is not during the period of questioning the Prime Minister. By a decision of the legislative authority in the event of a violation by the executive authority to withdraw confidence from it, and vice versa, the penalty shall be by a decision of the executive authority (the Prime Minister and the President of the Republic combined) in the event of a violation of the constitutional rule by the House of Representatives by dissolving the Council without the condition of approval by the House of Representatives Dissolution procedures, and to ensure that the executive authority does not arbitrarily impose the penalty by dissolving the House of Representatives and for the importance of this procedure exclusively, the decision to dissolve the House of Representatives issued by the executive authority is subject to appeal before the Federal Supreme Court.

  Editing: Muhammad Al-Ansari
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