[size=38]Amending the constitution must be according to the principle of gradualism within stages[/size]
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January 15, 2024[You must be registered and logged in to see this link.]
Baghdad/Al-Masala Al-Hadath: Adviser to the Prime Minister for Constitutional Affairs, Hassan Al-Yasiri, on Monday 01/15/2024, revealed a new and different vision for amending the constitution, which included staying away from issues of political conflict, while noting that it was well received by most political blocs.
Al-Yasiri said in a press statement followed by Al-Masala that Prime Minister Muhammad Shiaa Al-Sudani adopted the draft amendment to the constitution, especially since it was approved in 2005, and the Iraqi mentality, both at the political and parliamentary levels and public opinion, differed and included changing many opinions and ideas.
He explained that the constitution is not written and is eternal, so it must be amended at a certain stage, indicating that the constitution upon its adoption required an amendment to it, and in the past there were two experiments to amend it, the first in the year 2006 until 2009 and it was called the Constitution Review Committee, but because There were severe disagreements at the time and the project was not completed.
He added that the second experience was in the year 2019 under the government of Adel Abdul Mahdi. The project to amend the constitution was adopted by the Presidency of the Republic and the House of Representatives, and after the demonstrations took place, the amendments did not see the light of day and thus the project was stopped for the second time.
He pointed out that what is proposed now differs from the previous two projects, as it includes a different vision and mentality than before, ruling out the idea of completely amending the articles of the Constitution from Article 1 to Article 44.
He continued, we must benefit from previous experiences, in addition to emulating the influence of developed countries such as America, Switzerland, Germany, Australia, Spain, and Canada, as those countries made an amendment to parts of the constitution and not in its entirety, noting that there are critical issues and making an amendment to them will lead to political conflict, so it must Than avoid it.
He pointed out that amending the constitution must be in accordance with the principle of gradualism within stages, so that the texts agreed upon by everyone on the necessity of amending them are amended, such as Article 76 and the article related to choosing the President of the Republic. The meaning of the largest bloc, which is meant by a majority in choosing the President of the Republic, must be clearly defined. What is meant by two-thirds, those present or the total number, in addition to redrafting some provisions of the constitution, especially with regard to independent bodies and which entities are not affiliated with a ministry, in addition to reconsidering transitional justice institutions.
He continued, this vision was presented to the leaders of the Shiite and Sunni political blocs and received approval, and a movement is underway to present it to the Kurdish political bloc.
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