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[size=35][size=35]Concerning the Provincial Council.. The Federal Court interprets the text of Article 115 of the Constitution[/size]
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04-29-2024 | 05:43
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Alsumaria News - Politics
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The court confirmed that the text of Article 115, which is requested to be interpreted, states: “Everything not stipulated in the exclusive powers of the federal authorities shall be the authority of the regions and governorates not organized into a region, and other powers shared between the federal government and the regions shall have priority over the law of the regions and governorates not organized in a region.” In the event of a dispute between them.)
She stated that “the previous decisions issued by the court did not include an interpretation of the text of this article, the text of which stated that the exclusive powers of the federal authorities - stated in Chapter Four of the Constitution and in Articles (109, 110, 111, 112, and 113) - are exercised by the federal authorities, and the authorities of the regions or provinces may not The federal authorities may not delegate them to the authorities of the regions or governorates that are not organized in a region, and everything that is not stated in Articles (109, 110, 111, 112, and 113) of the Constitution is within the jurisdiction of the authorities of the regions or governorates that are not organized in a region, and that joint powers Between the federal government and the regions - mentioned in Article (114) of the Constitution - priority is given to the law of the regions and governorates not organized into a region in the event of a dispute between them, and the principle is that it is exercised jointly, according to the Judicial Journal
and with regard to the second request, which includes (a statement of whether The provincial council had the authority to create or pass local laws according to the aforementioned text (and what is the scope of their application), the Federal Court indicated that “the text of Article (115) of the Constitution did not provide for granting authority to the provincial councils with regard to creating or passing local laws, nor did it It states that it is not granted that authority.”
As for the third request, which includes (what decisions can the Provincial Council issue in light of its constitutional powers), the court has previously decided on this in accordance with its decisions (13/T/2007) on (7/31/2007) and (16/Federal/2008). ) on 4/21/2008, (35/federal/2008) on (6/23/2008), (6/federal/2009) on 2/4/2009, and (64/federal/2014) on 6/23/ 2014.
The decision was issued final and binding on all authorities based on the provisions of Articles (93/Second and 94) of the Constitution.[url=https://www.alsumaria.tv/entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]of 2005, and Articles (4/Second) and (5/Second) of[url=https://www.alsumaria.tv/entity/3800408013/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]Federal Supreme Court Law[/url]No. (30) of 2005 amended by Law No. (25) of 2021.
It was based[url=https://www.alsumaria.tv/entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]Federal Supreme Court[/url]By interpreting it as a constitution[url=https://www.alsumaria.tv/entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]The year 2005 is the supreme legal and political document in Iraq, and it is the master of laws because it contains the national goals and desired objectives, and comprehensively regulates the foundations of governance in the state, rights and freedoms. Under this constitution, the system of government in Iraq, according to Article (1) thereof, is republican, representative, parliamentary, and democratic. The only guarantor of the unity of Iraq, and represents the interest of the Iraqi people in their past, present and future, and everything stated in it represents a faithful translation of the blood of the martyrs, and was achieved through building true democratic institutions and became effective after the people’s referendum on it, according to what was stated in Article 144 thereof, deviating from the constitution constitutes a crime. Described as crimes of violating the Constitution.
The court added that the Constitution is the one that regulated all the powers mentioned in Article (110) of it in all its paragraphs, without leaving them to the legislator, due to their seriousness and their connection to the sovereignty of the state internally and externally and the unity of the country, which are related to (foreign policy, diplomatic representation, negotiating international treaties and agreements, and borrowing policies, and signing and concluding them). Drawing up sovereign foreign economic and trade policy and national security policy, including establishing and managing armed forces to ensure the protection of Iraq’s security, drawing up financial and customs policy, issuing currency, organizing trade policy across the borders of regions and governorates in Iraq, setting the state’s general budget, drawing up monetary policy, organizing matters of nationality, naturalization, residence, and the right to political asylum, and organizing The policy of broadcast frequencies and mail, the drafting of the general and investment budget, planning policies related to water sources from outside Iraq, and statistics and the general population census.
She continued that the constitution did not leave the regulation of these powers to a law legislated by the legislative authority, but rather the constitution regulated them itself, and this obliges the federal authorities to adhere to them and practice them. By it and it is not permissible to assign it to others or allow others to practice it; Because it relates to the basis of the formation of the parliamentary system and the basis of the distribution of powers between the federal authorities and the authorities of the regions and governorates that are not organized into a region and the unity, sovereignty, and external representation of Iraq.
The court affirmed that the Constitution is what determines the legitimacy of the authority and the legitimacy of its actions in accordance with the Constitution and the law, and that the criterion that separates the legitimacy of any authority and the legitimacy of the actions it exercises is the extent to which it applies the Constitution or not and the extent of its commitment to the limits of its constitutional and legal powers within[url=https://www.alsumaria.tv/entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]And outside of it, since the constitution was not drawn up for the benefit of a political party or for the benefit of a specific person, but rather for the benefit of a country and the interest of a people.
It concluded that the democratic state is based on the principle of popular sovereignty and respect for the rights and freedoms of individuals, and this will not be achieved unless these states, with all their rulers, institutions, authorities and bodies, submit to the rule of law, and we mean in particular constitutional law. The exercise of constitutional oversight is closely linked to the extent to which it enjoys It has the judiciary in general and the constitutional judiciary in particular, with its independence from the legislative and executive powers and its ability to return them to the limits of their constitutional jurisdictions beyond their limits. The most important thing that distinguishes modern democratic countries is the independence of the judiciary, and that the independence of the judiciary guarantees the protection of human rights and the building of a strong and stable state and guarantees civil, political and social rights. and economic for individuals, and that[url=https://www.alsumaria.tv/entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]Federal Supreme Court[/url]Under Article 92, a judicial body is financially and administratively independent of all authorities and exercises its powers granted to it under Article 93 of the Constitution. All its decisions are final, not subject to appeal, and binding on all authorities. Constitutional oversight aims primarily to protect constitutional rights and freedoms.
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Policy
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04-29-2024 | 05:43
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Alsumaria News - Politics
The Federal Supreme Court considered many of the constitutional lawsuits and requests presented before it last month, and issued decisive decisions in 23 constitutional lawsuits and requests, the most prominent of which is the request to interpret the text of Article (115) of the 2005 Constitution.
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The court confirmed that the text of Article 115, which is requested to be interpreted, states: “Everything not stipulated in the exclusive powers of the federal authorities shall be the authority of the regions and governorates not organized into a region, and other powers shared between the federal government and the regions shall have priority over the law of the regions and governorates not organized in a region.” In the event of a dispute between them.)
She stated that “the previous decisions issued by the court did not include an interpretation of the text of this article, the text of which stated that the exclusive powers of the federal authorities - stated in Chapter Four of the Constitution and in Articles (109, 110, 111, 112, and 113) - are exercised by the federal authorities, and the authorities of the regions or provinces may not The federal authorities may not delegate them to the authorities of the regions or governorates that are not organized in a region, and everything that is not stated in Articles (109, 110, 111, 112, and 113) of the Constitution is within the jurisdiction of the authorities of the regions or governorates that are not organized in a region, and that joint powers Between the federal government and the regions - mentioned in Article (114) of the Constitution - priority is given to the law of the regions and governorates not organized into a region in the event of a dispute between them, and the principle is that it is exercised jointly, according to the Judicial Journal
and with regard to the second request, which includes (a statement of whether The provincial council had the authority to create or pass local laws according to the aforementioned text (and what is the scope of their application), the Federal Court indicated that “the text of Article (115) of the Constitution did not provide for granting authority to the provincial councils with regard to creating or passing local laws, nor did it It states that it is not granted that authority.”
As for the third request, which includes (what decisions can the Provincial Council issue in light of its constitutional powers), the court has previously decided on this in accordance with its decisions (13/T/2007) on (7/31/2007) and (16/Federal/2008). ) on 4/21/2008, (35/federal/2008) on (6/23/2008), (6/federal/2009) on 2/4/2009, and (64/federal/2014) on 6/23/ 2014.
The decision was issued final and binding on all authorities based on the provisions of Articles (93/Second and 94) of the Constitution.[url=https://www.alsumaria.tv/entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]of 2005, and Articles (4/Second) and (5/Second) of[url=https://www.alsumaria.tv/entity/3800408013/%D9%82%D8%A7%D9%86%D9%88%D9%86 %D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]Federal Supreme Court Law[/url]No. (30) of 2005 amended by Law No. (25) of 2021.
It was based[url=https://www.alsumaria.tv/entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]Federal Supreme Court[/url]By interpreting it as a constitution[url=https://www.alsumaria.tv/entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]The year 2005 is the supreme legal and political document in Iraq, and it is the master of laws because it contains the national goals and desired objectives, and comprehensively regulates the foundations of governance in the state, rights and freedoms. Under this constitution, the system of government in Iraq, according to Article (1) thereof, is republican, representative, parliamentary, and democratic. The only guarantor of the unity of Iraq, and represents the interest of the Iraqi people in their past, present and future, and everything stated in it represents a faithful translation of the blood of the martyrs, and was achieved through building true democratic institutions and became effective after the people’s referendum on it, according to what was stated in Article 144 thereof, deviating from the constitution constitutes a crime. Described as crimes of violating the Constitution.
The court added that the Constitution is the one that regulated all the powers mentioned in Article (110) of it in all its paragraphs, without leaving them to the legislator, due to their seriousness and their connection to the sovereignty of the state internally and externally and the unity of the country, which are related to (foreign policy, diplomatic representation, negotiating international treaties and agreements, and borrowing policies, and signing and concluding them). Drawing up sovereign foreign economic and trade policy and national security policy, including establishing and managing armed forces to ensure the protection of Iraq’s security, drawing up financial and customs policy, issuing currency, organizing trade policy across the borders of regions and governorates in Iraq, setting the state’s general budget, drawing up monetary policy, organizing matters of nationality, naturalization, residence, and the right to political asylum, and organizing The policy of broadcast frequencies and mail, the drafting of the general and investment budget, planning policies related to water sources from outside Iraq, and statistics and the general population census.
She continued that the constitution did not leave the regulation of these powers to a law legislated by the legislative authority, but rather the constitution regulated them itself, and this obliges the federal authorities to adhere to them and practice them. By it and it is not permissible to assign it to others or allow others to practice it; Because it relates to the basis of the formation of the parliamentary system and the basis of the distribution of powers between the federal authorities and the authorities of the regions and governorates that are not organized into a region and the unity, sovereignty, and external representation of Iraq.
The court affirmed that the Constitution is what determines the legitimacy of the authority and the legitimacy of its actions in accordance with the Constitution and the law, and that the criterion that separates the legitimacy of any authority and the legitimacy of the actions it exercises is the extent to which it applies the Constitution or not and the extent of its commitment to the limits of its constitutional and legal powers within[url=https://www.alsumaria.tv/entity/47585/%D8%AC%D9%85%D9%87%D9%88%D8%B1%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82/ar/]The Republic of Iraq[/url]And outside of it, since the constitution was not drawn up for the benefit of a political party or for the benefit of a specific person, but rather for the benefit of a country and the interest of a people.
It concluded that the democratic state is based on the principle of popular sovereignty and respect for the rights and freedoms of individuals, and this will not be achieved unless these states, with all their rulers, institutions, authorities and bodies, submit to the rule of law, and we mean in particular constitutional law. The exercise of constitutional oversight is closely linked to the extent to which it enjoys It has the judiciary in general and the constitutional judiciary in particular, with its independence from the legislative and executive powers and its ability to return them to the limits of their constitutional jurisdictions beyond their limits. The most important thing that distinguishes modern democratic countries is the independence of the judiciary, and that the independence of the judiciary guarantees the protection of human rights and the building of a strong and stable state and guarantees civil, political and social rights. and economic for individuals, and that[url=https://www.alsumaria.tv/entity/3812751506/%D8%A7%D9%84%D9%85%D8%AD%D9%83%D9%85%D8%A9 %D8%A7%D9%84%D8%A7%D8%AA%D8%AD%D8%A7%D8%AF%D9%8A%D8%A9 %D8%A7%D9%84%D8%B9%D9%84%D9%8A%D8%A7/ar/]Federal Supreme Court[/url]Under Article 92, a judicial body is financially and administratively independent of all authorities and exercises its powers granted to it under Article 93 of the Constitution. All its decisions are final, not subject to appeal, and binding on all authorities. Constitutional oversight aims primarily to protect constitutional rights and freedoms.
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