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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

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Suggestions to exclude amending the constitution: a complex process at the current stage

rocky
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Suggestions to exclude amending the constitution: a complex process at the current stage Empty Suggestions to exclude amending the constitution: a complex process at the current stage

Post by rocky Wed 10 Aug 2022, 5:27 am

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[size=52]Suggestions to exclude amending the constitution: a complex process at the current stage[/size]

[size=45]Baghdad / Hussein Hatem[/size]
[size=45]Ten months after the parliamentary elections, the political crisis became more complex, and calls for amending the constitution increased, as the entire political process was paralyzed in light of the inability to elect a new president of the republic and form a new government.[/size]
[size=45]Representatives and specialists believe that the process of amending the constitution at the current stage is a "complicated step", as the process requires a calm environment away from pressures and chaos. Legal expert Ali Al-Tamimi said in an interview with (Al-Mada), that “the Iraqi constitution is one of the rigid constitutions, not flexible, as it can only be amended by complex procedures,” noting that “its amendment was stipulated in Articles 142 and 126 of the Iraqi constitution, where Article 142 must be applied first. As the Federal Court Decision 54/2017 says. And he continued, “Parliament must form the amendment committee and approve its amendments by an absolute majority of its members, i.e. members of Parliament half of the total number plus one after the quorum is achieved and that it be submitted to a referendum and half of the voters agree plus one and that the amendment is not objected to by two-thirds of the voters in three provinces. “.[/size]
[size=45]Al-Tamimi pointed out, "The current parliament must be dissolved first in accordance with Article 64 of the Iraqi constitution and early legislative elections should be held, and then the constitution and its amendments must be submitted to a vote."[/size]
[size=45]Article 64 of the Iraqi constitution states the following:[/size]
[size=45]First: The Council of Representatives is dissolved, by an absolute majority of its members, at the request of one-third of its members, or a request from the Prime Minister and with the approval of the President of the Republic. The Council may not be dissolved during the period of questioning the Prime Minister.[/size]
[size=45]Second: 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 run daily affairs.[/size]
[size=45]Al-Tamimi indicated, "The proposed amendments by the Presidency of the Republic can be taken by Parliament as a matter of seeking opinion, because the decision is finally in the hands of Parliament in accordance with Article 142 of the Constitution." In turn, a member of the Parliamentary Legal Committee, Aref Al-Hamami, said in an interview with (Al-Mada), that "one of the most important pillars of amending the Iraqi constitution, which was set by the House of Representatives during the drafting of the current constitution, is to present the amendment to the people, and the people are the ruler through a referendum."[/size]
[size=45]Al-Hamami added, “If two governorates object to the amendment, the amendment becomes invalid,” adding, “In addition to the first paragraph, the House of Representatives must carry out its work.”[/size]
[size=45]With regard to holding early elections and dissolving parliament, he pointed out, “There must be a government with full powers to carry out those tasks that result in constitutional violations in some of its paragraphs, as the current government is a caretaker government, and it is considered resigned by law.” For his part, political researcher Ali Al-Baydar said in an interview with Al-Mada that “the amendment of the constitution at this stage may not bring the required reform steps, as there is hegemony and control by religious parties that have put paragraphs in some articles, including Article Two. which stipulates the refusal to add any text that contradicts the Islamic religion.[/size]
[size=45]Article (2) of the Iraqi constitution states the following:[/size]
[size=45]First: Islam is the official religion of the state, and it is a basic source of legislation:[/size]
[size=45]A - It is not permissible to enact a law that contradicts the constants of the provisions of Islam.[/size]
[size=45]B - It is not permissible to enact a law that contradicts the principles of democracy.[/size]
[size=45]C - It is not permissible to enact a law that contradicts the basic rights and freedoms stipulated in this Constitution.[/size]
[size=45]Second: This constitution guarantees the preservation of the Islamic identity of the majority of the Iraqi people. It also guarantees the full religious rights of all individuals to freedom of religious belief and practice, such as Christians, Yazidis, and Mandaean Sabeans.[/size]
[size=45]Al-Baydar added, "This step may lead to the addition of materials or extremism to announce its ability and bragging about its influence, meaning that it is like a show, to prolong the life of those religious parties in power."[/size]
[size=45]He pointed out that "the amendment of the constitution at this stage is similar to writing it in the previous stages, which witnessed convulsions, chaos and the imposition of wills."[/size]
[size=45]Al-Baydar said, "Amendment to the articles of the constitution requires an appropriate environment and relative stability in the country and a state of calm away from mutual pressure methods."[/size]
[size=45]He expected, "Writing the Iraqi constitution during this period will make it contain more errors than those found in the current constitution, and we will have to reformulate it again," describing it as "a complex process at this stage."[/size]
[size=45]And earlier, the leader of the Sadrist movement, Muqtada al-Sadr, said, after his supporters entered the Green Zone and Parliament and the sit-in for more than ten days, that it is the “golden opportunity for all of the people stung by the fire of injustice, terrorism, corruption, occupation and dependency.”[/size]
[size=45]He pointed out that “it is a great opportunity to fundamentally change the political system, the constitution, and the elections, which, if rigged in favor of the deep state, will become the best free and fair elections.[/size]
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