[size=38]Arab newspapers: Iraqi judiciary calls for regime change[/size]
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November 11, 2022[You must be registered and logged in to see this link.]
Baghdad/The Obelisk: The Emirati newspaper, Al-Ittihad, reported on the statements of the head of the Supreme Judicial Council in Iraq, Faiq Zaidan, on the political process in Iraq and the constitution, under the name “The Iraqi judiciary demands a change of the regime.”
The newspaper reported that the statements of the head of the Supreme Judicial Council in Iraq, Faeq Zaidan, sparked controversy after describing the experience of the political system in Iraq as "a failure par excellence", calling for changing articles in the constitution, especially Article 76, which was the cause of the crises.
Zaidan said, in statements to one of the research centers, that "the experience of the parliamentary system in Iraq is a failure par excellence, and the events that you see in Iraq are evidence of that," stressing that with the change of the system of government to a presidential system, not a semi-presidential one.
He believed, "The 2005 constitution was drawn up at a stage that reflects the opinion of a political opposition to the previous regime, and the practical application, during the last period, has proven that many of the texts contained in the constitution need to be amended."
He said, “The most prominent articles that need to be amended are Article 76 of the Constitution, which was the cause of political crises after 2010. The Federal Court interpreted this article for circumstances known at the time, and we do not agree with its interpretation because it was a wrong interpretation, and all governments formed after 2010
It is not based on this interpretation, that is, it was not formed by the largest bloc, but was formed by the method of concordance.”
This was not the first time that Zaidan called for changing paragraphs of the constitution and changing the form of the system. He called for this during the political differences between the "Sadr movement" and the "coordinating framework", and after demonstrations and protests that affected, in addition to the Parliament and the Council of Ministers, the Judicial Council building. the above.
The controversy revolves around amending the Iraqi constitution to avoid a constitutional vacuum and not to repeat the political crisis that lasted a whole year since the elections.
And the head of the Supreme Judicial Council, Faiq Zeidan, was the first to call on the House of Representatives to amend the constitution, which was approved in 2005.
Zaidan said that the 2005 constitution was drafted in circumstances that differ at the time from the current circumstances, noting that the developments in the political reality have reached the point of violating the constitution on more than one occasion due to constitutional texts that are no longer appropriate for the current stage.
He added: There is a committee that prepared a draft amendment to some articles, and the committee was composed by the Presidency of the Republic in the previous session, in the forefront of which is Article 76, which was the cause of political crises after 2010, as the Federal Court interpreted this article for circumstances known at the time.
Article 76 of the constitution includes: First: The President of the Republic assigns the candidate of the most numerous parliamentary bloc, to form the Council of Ministers, within fifteen days from the date of the election of the President of the Republic.
The amendment of Article 76 needs to show a clear principle that is not subject to jurisprudence that the President of the Republic assigns the candidate of the bloc or the winning list in the elections to form the Council of Ministers in the same session of the President’s election after completing the procedures for his constitutional election. It is clear in the constitution.
Former MP Youssef Al-Kalabi commented, "I hope the Federal Court will reconsider Article 76 of the Constitution."
Political analyst Adel Al-Lami says that amending Article 76 of the constitution is the most important step towards reforming the political system.
The former member of the House of Representatives, Saeb Khadr, believes that Faiq Zaidan’s talk regarding Article 76 and the concept of the largest bloc is correct, adding: I think the internal system of the Federal Court allows this to be addressed by issuing another interpretation of this article.
Muhammad Tahseen, an observer of Iraqi political affairs, believes that through the recent electoral process, it became clear the necessity of amending Article 76/First of the Iraqi constitution, reviewing the interpretations of the Federal Court regarding (the largest bloc) and changing the electoral system, and it is also necessary to resort to the “electoral threshold” mechanism, considering that The current equation will inherit the quota system and consensus.
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