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Parliamentary legality: 3 problems led to the exclusion of amending the constitution in the current session
The first 2023/03/02
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Omar Abdul Latif
A member of the Legal Committee in Parliament, Muhammad Jassim Al-Khafaji, diagnosed 3 problems that led to the exclusion of proposing to amend the constitution during the current parliamentary session.
Al-Khafaji told "Al-Sabah": "The absence of a national political agreement and a common vision that contributes to the maturation of the constitutional amendment and the problems of the current situation led to its failure to propose the amendment during the current parliamentary session in an effective and serious manner, despite the popular consensus on its necessity."
He added that the life expectancy of constitutions may range between 25-30 years, after which amendment or change is required according to the political and social environment of the country concerned, and Iraq is no exception to that, and amendments can be made very early if required, regardless of the age of the constitution, and this is what we need now.
He added that early and late attempts were made to amend the constitution, but all of them faltered, which led to the amendment of the 2005 constitution exceeding its default life, and early or late attempts to amend it faltered, and most of them were not serious about the truth.
A member of the House of Representatives for the Ishraqa Canon bloc stated that the amendments that we aspire to must be within the ceiling of the possible and be simple and have great effects, such as addressing the loose and open ends of some articles of the constitution, or deporting problems and not resolving them, and in fact this is the resource most in need of constitutional amendment The existence of a lot of use and elaboration on important issues referred by the constitution to the enactment of a law, and this indicates his avoidance of standing on closed and decisive ends and thus the suspension of this article because a law has not legislated for it.
Al-Khafaji pointed out that there are a lot of constitutional legal formulations that can be put forward for amendment as well, given the problems they bear. At the same time, we do not overlook the problem of applying the constitution originally by most political forces, as they have been working contrary to the constitution, through political consensus.
He stressed that despite the difficulty of reaching a unified vision in making fundamental amendments to the constitution with a popular consensus on their necessity, the amendments must be realistic and within the ceiling of what is possible without dreaming of major amendments that cannot be achieved in light of the current political differences.
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