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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

Many Topics Including The Oldest Dinar Community. Copyright © 2006-2020


    Replacement of members of Parliament

    Rocky
    Rocky
    Rocky
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    • Post n°1

    Replacement of members of Parliament Empty Replacement of members of Parliament

    Post by Rocky Mon 22 Sep 2014, 6:03 am

    Replacement of members of Parliament

    9/22/2014 0:00 


    Judge Zuhair Kazem Abboud 
    Article (49) of the Constitution provides that the House of Representatives consists of a number of members at a proportion of one seat for every one hundred thousand people, and representing the entire Iraqi population by secret ballot, direct, and came out in paragraph V that the House will enact a law dealing with the replacement of its members on resignation or dismissal or death. 
    assumed that the law which issues and regulates the status of the replacement must be committed to the cases identified by the Constitution exclusively, namely: 
    the resignation of a member of the House of Representatives 
    the dismissal of a member of the House of Representatives 
    and the death of a member of the House of Representatives 
    has issued Law No. (6) of 2006 private replacing members House of Representatives amended by Law No. 49 of 2007 and provided the first article reads as follows: 
    first - ending membership in the Council of Representatives for one of the following reasons: - 
    1 - occupy council member position in the presidency or in the cabinet or any other official position. 
    2 - Loss one of the conditions for membership set forth in the Constitution and the electoral law. 
    3 - the resignation of Member of the Council is not the case set forth in paragraph III of this article. 
    4 - death. 
    5 - a court ruling is the right of a felony, according to the provisions of the Constitution. 
    6 - injury terminally ill or disability or inability to prevent him from performing his duties in the Council, together with the decision of the competent medical committee that does not exceed the total sick leave (three months) during the two pieces of legislation consecutive In the case bypassed so referred to retire and the Council the right to appeal the decisions of the medical committee. 
    7 - the sacking of Lists to overcome the absences without a legitimate excuse for more than a third of the meetings of the Council of the legislative term one. 
    according to this text added law case assigned to a member of the House of Representatives position of formal job in the state, but that this right does not give him the authority to choose a substitute from among those who lost the elections and did not elected by the people, because it comes out of the area if it is assigned to the loser membership of the House of Representatives, and especially if we recall that the House of Representatives member representing all of Iraq, and replaced did not get the number of votes in their respective regions and among its people to qualify for membership in the Council of Representatives, according to the logic of replacement so they can be the first loser who got votes less than the winner the last on the list or electoral area. 
    The escalation of the losers to membership in the Council of Representatives is not only a violation of the Constitution, but rather constitutes a waste of the people's will and blatant challenge to the desire of choice, and therefore vaccination House numbers of losers who did not get the confidence of the people, How can imposing MPs on the Iraqi people, contrary to the constitutional legitimacy, especially about the case to choose a member of the function of the managerial position or a political imperative regarded as having resigned from the membership of the House of Representatives his desire and approval for occupancy of the job, but that does not Lists nor his list were entitled to choose a replacement from among the losers in the elections, where it is up to the people and the fairness of the elections. 
    Act replacement granting the right of the President of the block or the menu, to choose from wants and according to the wishes and interests, and this right is a clear violation and exit on the principles of the Constitution and the rules of the game of democracy, because the membership of the House of Representatives is not in accordance with the wishes of the people do not According to the interests of the entity or the menu, but must above all else be taken will of the voter, and secondly abide by constitutional text, and thirdly the number of voters. 
    rather than logic that are selected from lost in the legislative elections a substitute for the member was sacked, as there is no difference between them, member will who was sacked became outside the Council for legal reasons, and a member of the replaced was outside the Council was not able to obtain the minimum of votes that qualify to win membership. 
    said the choice of failing to get the voices of the people and their will and failed to get on people's confidence and consent, to become a member of the Board House of Representatives is ordered opposed the text of Article (49) of the Constitution, in addition to the law replacement rate exceeded the constitutional text, and where no diligence in the text resource, and do not even have Iraqi Council of Representatives negative example in the democratic process among the parliaments of the world, and so there will be effective real provisions of the Constitution in respect for the will of the voters and their right to choose, it should be a member replaced from among those who have received less than the winner of the latter, and it is not acceptable that the candidate receives a number of votes does not exceed the scores to be representative of all Iraqis against their will, based on the text of the law of substitution contrary to the Constitution and justice. 


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