The return of the controversy over amending the constitution and the absence of understandings deepe

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[size=52]The return of the controversy over amending the constitution and the absence of understandings deepens the crisis[/size]

[size=45]Baghdad / Hussein Hatem[/size]
[size=45]Talk about amending the Iraqi constitution is still “difficult,” as it requires gradual measures and political and component understandings, as well as the formation of a committee of constitutional experts.[/size]
[size=45]Despite the formation of a committee to amend the constitution in 2019 against the background of the popular protests in October, the committee did not present any tangible results regarding the amendments.[/size]
[size=45]Yesterday, Sunday, the Prime Minister's Advisor for Constitutional Affairs, Hassan al-Yasiri, discussed with the President of the Supreme Judicial Council, Faiq Zaidan, the outlines of the Prime Minister's project to amend the constitution.[/size]
[size=45]A member of the Constitution Amendment Committee in the former parliament, Yonadam Kanna, said, in an interview with Al-Mada, that “before starting to write the current constitution, there was a division because of the policies of the previous regime.”[/size]
[size=45]Kanna added, "The division was in unified directions, represented by a parliamentary system or going towards a presidential system."[/size]
[size=45]The former member of Parliament pointed out, "There is pressure at the present time to go towards the presidential system, but this system is difficult to proceed with, as it is rejected by many political circles present at the helm of power."[/size]
[size=45]Kanna pointed out, "The division is not only represented by the two systems, but also includes orientations, as one part was civil and the other part religious."[/size]
[size=45]He pointed out that "there is a problem related to the exclusive powers and powers between the central government and the regional government, in the event of amending the constitution."[/size]
[size=45]He pointed out that "amending the constitution requires gradual amendments starting from the agreements away from the differences," noting that "the Iraqi constitution is difficult to amend except with a political agreement."[/size]
[size=45]A member of the former Constitution Amendment Committee explained that “the constitutional articles that require a two-thirds majority to be passed are only in the basic articles of the constitution,” adding that “there is an absence of equality in component representation in state institutions.”[/size]
[size=45]In turn, Aref al-Hamami, a member of the Parliamentary Legal Committee, said in an interview with (Al-Mada) that “there is a possibility to amend the Iraqi constitution according to what was determined by the constitution and the law,” noting that “the amendment of the constitution is associated with understandings between the political blocs and agreement among them.”[/size]
[size=45]Al-Hamami added, “There are incapacitating articles and paragraphs in the Iraqi constitution that need to be agreed upon, as it is not easy to amend them, and among them is that three governorates agree to amend it, which means that objecting to any amendment will abort it.”[/size]
[size=45]And the parliamentary legal member continued, “We are working and urging the prime minister, and we support the work of the committees he formed for the purpose of constitutional amendments.”[/size]
[size=45]For his part, former MP, Judge Wael Abdel Latif, says, “Most of the committees that were formed after 2005 and until today do not contain a constitutional track.”[/size]
[size=45]Abdul Latif added, "There are two articles for the constitutional amendments, the first is Article 126, which is the original article, and the second is Article 142, which is applicable to the constitution."[/size]
[size=45]Abdul Latif, a former minister, indicated that “Article 142 obliges the House of Representatives to amend the constitution by members of the House of Representatives,” noting that “rejecting the amendment by a two-thirds majority in three governorates will cancel the amendment.”[/size]
[size=45]And he continued, "Article 142 was reinforced by a decision of the former Federal Supreme Court, provided that Article 142 is applied, and then Article 126 is applied later."[/size]
[size=45]Abdel Latif went on, “Throughout the previous period, Article 142 was applied, and the failure to make amendments to the constitution document.”[/size]
[size=45]With regard to Article 126, Abdul Latif stated that “there are two parties that can request constitutional amendments, namely the prime ministers and the republic, or one-fifth of the members of the House of Representatives.”[/size]
[size=45]And he added in his speech: “It is not necessary that the amendment of the constitution be by members of the House of Representatives, and there are no paragraphs in Article 126 that allow the rejection of the amendment in the event that it is rejected by three governorates, as it is an original article and not added.”[/size]
[size=45]Abdul Latif stressed, “The reason for delaying the amendment of the constitution is the presence of Article 142 in the Iraqi constitution,” stressing “the need to go to Article 126 and form a committee of experts under the supervision of the House of Representatives.”[/size]
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