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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

Many Topics Including The Oldest Dinar Community. Copyright © 2006-2020


    Review of the draft law of the Federal Supreme Court

    Rocky
    Rocky
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    • Post n°1

    Review of the draft law of the Federal Supreme Court Empty Review of the draft law of the Federal Supreme Court

    Post by Rocky Fri 22 Aug 2014, 6:16 am

    Review of the draft law of the Federal Supreme Court 


    30 Show    August 22, 2014 13:04
     
    Majid Abokll
    Discusses the House of Representatives of the Federal these days bill the Federal Supreme Court, is this law important for the completion of the pillars of the judiciary, is the judicial authority in democratic regimes is the sole authority among the three authorities, which must be non-politicized and independent of political affiliations because of the function of separation between conflicts that may arise between the legislative, executive and for being the only body authorized to interpret the provisions of the Constitution and exercise control over the constitutionality of laws, regulations, and procedures and instruction issued by the legislature and the executive.
    We have noted the importance of the role played by the Federal Supreme Court in Iraq over the past five years, when it overturned a number of legislation (full or partial) and when interpreted by some articles of the constitution and resulted in its explanatory restrict the powers of the House of Representatives in proposing laws and also resulted in a change in the blocks parliamentary government was formed.
    We are constantly interested observers of the Iraqi democratic experiment and develop and be careful not to hit any setback care greatly that the Federal Supreme Court to be working according to the law of a mature and sophisticated maintains the independence of the court's work and enable them to carry out their duties to the fullest, which leads to the result to maintain order Democratic and longevity.
    The bill is currently being discussed by Parliament and has read it twice contains a number of which can be summed up the following:
    1 decided to project that the total number of members of the court is 13 members including 9 judges, including Chief Justice and his deputy, and them as well as two experts from the experts of Islamic law, and two of the scholars of constitutional law, and there are members of the reserves can be used in case of the absence of any member of the Court, and the law stipulated a number of conditions concerning the experience and integrity and not Mahcomih (which conditions almost enough on the assumption that all candidates for positions in the court is not affiliated with any political party), be accepted and without controversy in the composition of the court except for experts in Islamic jurisprudence which argues Some said their presence here is essential to the fact that judges and jurists alone can perform the duties of the Federal Court and the fact that the requirement of the Constitution do not violate the provisions of the legislation to the fundamentals of Islam is the one who summoned the presence of experts in Islamic jurisprudence Their presence is linked to this constitutional requirement.
    2 decided that the nomination of judges of the project would be through the Federal Supreme Court and the current boards judiciary (federal and provincial) by 3 judges for each position, as will be the nomination of the scholars of constitutional law through the Ministry of Higher Education and the nomination of experts of Islamic law by the Shiite Waqf Diwani and the Sunni and the same percentage mentioned above, here we pause with the nomination of experts in Islamic jurisprudence, Vdoawin Endowments are not the best suited for this nomination to the fact that the nature of the work of the bureaucracy known and do not have much to do with matters of jurisprudence compared to third-party, such as universities and specifically the faculties of Islamic jurisprudence branches of al-Jaafari and four schools, it may be better to entrust the nomination of experts in Islamic jurisprudence at the Ministry of Higher Education will end up like the scholars of constitutional law.
    3 project decided that the selection of candidates and the trade-off between them would be through the problem of the President of the Republic and President of the House of Representatives and the Prime Minister and President of the federal judicial power, and here was able to bill to find a practical way and smart to get rid of the problem of quotas that were face formation Court would leave it to the House of Representatives for the selection of candidates and can such a body in the case of desire to get rid of the problem of splitting the party to choose a way wiser than between candidates and keep them (ie candidates) from any loyalties partisan or political potential with the necessity of taking into account the balance between the components of the Iraqi people when Court members choose from among the candidates.
    4 did not wrap the project to how to make decisions in court, is it unanimously or by majority, and apparently he had left the matter to the Court itself when put its rules of procedure, but the importance of the issue was the best and most appropriate that the law provides for the method of decision-making, and is known as the Current Federal Supreme Court decisions are taken unanimously and by consensus, and I think that the survival of consensus as a way to reach the best decision to choose the majority.
     


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