by wciappetta Sat 09 Apr 2022, 7:57 pm
Maybe, maybe not: Sounds like they are searching for a way around it. This fellow is also a legal expert with a completely different opinion. From what I gather here, if the current prime minister and president jointly request a state of emergency and the current the Parliament with a 2/3 quorum approves it [means majority of 2/3's present] then the current government, the Kazemi government would have full power to conduct the affair of Iraq. That would also include presenting the 2022 budget. That means Parliament could approve it and Saleh could sign off on it. The current government might not have even understood the process until now. I guess we will see. I have to admit this is an interesting development.
[ltr]president of the supreme judicial council: iraqi constitution authorizes "emergency government"[/ltr]
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2022-04-09 07:51[/ltr]
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the iraqi constitution authorizes the declaration of an "emergency government", although there is no explicit provision, the president of the supreme judicial council, faiq zidan, said on saturday, adding that the "caretaker and emergency government" came within the context of constitutional articles.[/ltr]
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zidan wrote in an article followed by the shafaq news agency, that "the significance of a particular phrase on the purpose of the constitutional legislator may be so explicit that it is unlikely to disagree and describe this phrase as being explicit to the meaning to be meant, and the significance of the phrase on the legislator's purpose may not be explicit, but it bears several meanings, but among these meanings stands out a common meaning that reaches the mind before others and here it is said that this phrase is visible in this sense, so the text that indicates one meaning is described it is an explicit text, it is explicit in this sense and has no other meaning, but it is apparent that it is said to the text that indicates several meanings, but its significance to one is closer than the other."[/ltr]
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the president of the supreme judicial council added, "each word has its basic meaning and contextual meaning, it is the context that determines the meaning of the sentence and has a great impact in determining the exact significance of the word and its authority goes beyond the words of the language its familiar semantic limits to produce new connotations, as it is sometimes difficult to determine the significance of the word because the word does not have an absolute connotation in itself, but it is the context that determines its true significance and the semantic value of the word lies in its meaning, and the meaning is the relationship between the word and the meaning and as such it occurs. change in meaning whenever there is any change in the basic relationship."[/ltr]
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"it can be said that each word has a lexical meaning that represents its true meaning and another meaning according to customary use, for example, the term (caretaker government) is currently circulating, while there is no literal text in the constitution of the republic of iraq for 2005 by that name but it is contained in article (61/viii/d) of it (in the case of a vote of no confidence from the entire cabinet), the prime minister and ministers will continue in their posts to conduct daily matters for no more than 30 days until the formation of the new cabinet is also contained in article (64/ii) of the constitution (when the president of the republic, when the house of representatives is dissolved, calls for general elections in the country within a maximum of 60 days from the date of the dissolution, in which case the council of ministers is resigning and continues to conduct daily matters).[/ltr]
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"in both articles, the term (cabinet) is intended to indicate (the caretaker government) according to the contextual and customary meaning that reaches the reader's mind. the same applies to what is circulated in the term "emergency government" and here there is also no explicit provision in that name, but it is contained in article (61/9) of the constitution (a- approval of the declaration of war and state of emergency by a two-thirds majority, at the joint request of the president of the republic and the prime minister.[/ltr]
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"from this text, the apparent meaning of the phrase (prime minister) contained in that article is to indicate (the emergency government) which exercises the necessary powers to manage the affairs of the country during the period of the declaration of war and the state of emergency according to the contextual meaning of the sentence and the customary use of the term," zidan said.[/ltr]
[You must be registered and logged in to see this link.] Last edited by wciappetta on Sun 10 Apr 2022, 6:57 am; edited 1 time in total (Reason for editing : link added)
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