Zidane calls for reformulating the texts obstructing the formation of the authorities

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[size=52]Zidane calls for reformulating the texts obstructing the formation of the authorities[/size]

[size=45]The head of the Supreme Judicial Council, Faeq Zeidan, called for a review of the drafting of the articles of the constitution that obstruct the formation of constitutional authorities and caused the political impasse.[/size]
[size=45]Zaidan said in an article published on the official website of the Supreme Judicial Council, "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."[/size]
[size=45]He added, "But his suffering is to a greater degree because he finds himself unable to exercise his role as a judge to address this error and hold the perpetrator accountable, given that this is one of his duties as a judge."[/size]
[size=45]He pointed out, "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."[/size]
[size=45]Zaidan stressed, “The judge is bound by the constitutional rule stipulated in Article (19/Second) of the Constitution of the Republic of Iraq for the year 2005, which states (there is no crime or punishment except by text), as well as the legal rule stipulated in Article (1) of the Penal Code No. (111) of the amended 1969, which states: “There is no punishment for an act or omission except on the basis of a law that criminalizes it at the time of its commission.”[/size]
[size=45]He explained, “Constitutional violations or socially and morally unacceptable acts cannot be held accountable by the judge, whether institutions or individuals, unless there is an explicit text that punishes them according to the legal conditions regulated by the constitutional or legal text.”[/size]
[size=45]Zaidan noted, "The judiciary is fully aware of the negative effects of the constitutional violations that occurred after the legislative elections in October 2021, represented by the failure to adhere to 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."[/size]
[size=45]He continued, "Despite the clarity of this constitutional breach, the judiciary was not able to address this breach or hold its perpetrators accountable due to the absence of a constitutional text that allows it to do so."[/size]
[size=45]Zaidan stressed, "This is what we have clearly seen in the decision of the Federal Supreme Court, No. 132 and its units 17, federal lawsuits/2022 issued on 9/7/2022 regarding the lawsuit requesting the dissolution of the House of Representatives."[/size]
[size=45]As he pointed out, “the judiciary agrees with the plaintiff in this case, in fact, that there are constitutional violations committed by the House of Representatives and the person of those violations is clear,” indicating that “the constitutional judiciary rejected the case by requesting the dissolution of the House of Representatives; Because the penalty for this breach (the dissolution of the Council) is entrusted by Article (64) of the Constitution to the House of Representatives itself to dissolve the Council by an absolute majority of its members either at the request of one-third of its members or at the request of the Prime Minister and with the approval of the President of the Republic.[/size]
[size=45]Zaidan said, "The Federal Court also justified its decision - and it is right in that - that its jurisdiction is 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."[/size]
[size=45]Zeidan continued, "This case and others require a review of the drafting of the articles of the constitution that obstruct the formation of the constitutional authorities and that caused the state of political blockage and the accompanying unfortunate events that stipulate the penalty for violating any constitutional text with the same text in clear formulation that is not subject to interpretation or interpretation."[/size]
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