[size=46]Faiq Zaidan calls for a review of the drafting of the articles of the constitution that caused the state of political blockage[/size]
Iraq
19:02 - 09-10-2022
[You must be registered and logged in to see this image.]19:02 - 09-10-2022
Today, Saturday, the head of the Supreme Judicial Council, Faiq Zeidan, stressed the need to reconsider the drafting of the articles of the constitution that caused the political impasse.
Judge Zaidan said in a statement, “The judge is like any citizen in society who diagnoses the error or negativity of a social, political or economic phenomenon and suffers from its negative impact as a part of society, but his suffering is to a greater degree because he finds himself unable to exercise his role as a judge to address this.” The error and the accountability of the perpetrator, given that this is at the core of his duties as a judge.”
He added, "This inability is caused by the absence of a constitutional text regarding the constitutional breach or the absence of a legal text regarding the act that some believe is an act whose perpetrator must be held accountable," noting that "the judge is bound by the constitutional rule stipulated in Article (19/second) of the Constitution. The Republic of Iraq for the year 2005, which states (there is no crime or punishment without a text), as well as the legal rule stipulated in Article (1) of the Penal Code No. criminalized at the time of his commission).
He pointed out that "Constitutional violations or socially and morally unacceptable acts. The judge cannot hold the perpetrator accountable, whether institutions or individuals, without the presence of an explicit text that punishes them according to the legal conditions regulated by the constitutional or legal text. For example, the judiciary is fully aware of the negative effects of constitutional violations that occurred after the legislative elections in October 2021, represented by non-compliance with the constitutional timings in the formation of the executive authority, in its two parts, the President of the Republic and the Council of Ministers, according to the text of Article (66) of the Constitution. He is permitted to do so, and this is what we have clearly seen in the decision of the Federal Supreme Court No. 132 and its Units 17 cases/Federal/2022 issued on 9/7/2022 regarding the lawsuit requesting the dissolution of the House of Representatives, even though the judiciary agrees with the plaintiff in that lawsuit in fact that there are constitutional violations committed by the House of RepresentativesHe clearly identified these violations, but the constitutional judiciary rejected the case by requesting the dissolution of the House of Representatives, because the penalty for this breach (dissolving the parliament) was entrusted by Article (64) of the Constitution to the House of Representatives itself to dissolve the House by an absolute majority of the number of its members either 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.
And he indicated that "the Federal Court justified its decision - and it is right in that - that its competencies are constitutionally defined under Article (93), and there is no authority among them to dissolve the House of Representatives, and in view of the clarity of this text, there is no justification for jurisprudence other than what is stated in it."
Zaidan added, "This case and others necessitate a review of the drafting of the articles of the constitution that obstruct the formation of the constitutional authorities, which caused the state of political blockage and the accompanying unfortunate events, that the penalty for violating any constitutional text should be stipulated in the same text in a clear formulation that is not subject to interpretation or interpretation."
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