A specialist responds to Al-Halbousi’s “suspicion” regarding the jurisdiction of the Federal Court v

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[size=52]A specialist responds to Al-Halbousi’s “suspicion” regarding the jurisdiction of the Federal Court vis-à-vis Parliament[/size]

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Legal affairs expert Muhammad Majeed Al-Saadi confirmed today, Wednesday (November 15, 2023), that the powers of the Federal Supreme Court are absolute, including terminating the membership of members of the House of Representatives, if they are found to have committed legal and constitutional violations.[/size]
[size=45]Al-Saadi said, “The Federal Supreme Court derives its powers from its independence, the source of its rulings, and its constitutional ability to impose its decisions on all authorities, as stipulated in Article 94 of the Iraqi Constitution of 2005.”[/size]
[size=45]He added, "He is deluded by those who believe that the Federal Supreme Court has no authority to terminate the membership of the Speaker of the House of Representatives, and one of the legal advisors pushed for the use of (the principle of separation of powers) to disqualify the Federal Supreme Court from issuing a decision to terminate the membership of the Speaker of the House of Representatives."[/size]
[size=45]He stated that “the Federal Supreme Court is not subject to any authority in its decisions as it is an independent court and has previously issued rulings on the presidency of the Judicial Council itself, and its jurisdiction is general, absolute and unlimited over all authorities because it is simply (supreme), that is, the highest court with constitutional specialization.”[/size]
[size=45]The expert in legal affairs concluded by saying that the Constitution grants the Federal Court this supremacy and supremacy over approving the results of the elections for members of the Iraqi Council of Representatives, based on the provisions of Article 93 of the Iraqi Constitution of 2005, so the claim of separation of powers is nothing but an illusion and a completely unproductive illusion.[/size]
[size=45]The Speaker of the outgoing Parliament, Muhammad Al-Halbousi, had considered that the court does not have the right to consider the validity of a representative’s membership except after a decision by the House of Representatives,” noting that “the constitution specifies the cases that require termination of membership in Parliament, which are resignation, death, felony, or murder.” This is in response to the Federal Supreme Court’s decision to terminate Al-Halbousi’s membership in Parliament.[/size]
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