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Parliamentary Legal: The Constitution's Lifespan Has Ended
Iraq 2024/07/11
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The Legal Committee of the House of Representatives has approved the expiration of the Constitution’s lifespan, noting that the constitutional amendments have become “nonsense” and have not even been referred to during the current session.
Committee member Mohammed Jassim Al-Khafaji told Al-Sabah: “Constitutional amendments are raised when there is a need to satisfy some societal groups or concerned parties,” indicating that “amending the constitution is not an easy matter, and adopting certain parties and parties to amend it is not realistic, and amending it is not an easy matter.”
He added, "Most of the problems that occur are due to the implementation of the constitution, including the dilemma of forming a government after each election cycle," noting that "the absence of a penal text or punishment for violating this article or that is what always causes problems in implementation." Al-Khafaji explained that "the need to amend the constitution exists, but it is difficult to pass this issue so far, because (the dream) of making a comprehensive amendment to the constitution is completely impossible, as it is necessary to agree on specific articles in order to proceed with amending them."
A member of the Legal Committee of the House of Representatives stressed that "expanding the amendment of the constitution and considering it as a law, and starting to amend all of its articles is a 'disaster' that raises fears among all components."
The statements about amending the constitution coincide with some popular protests that the country witnessed, the most recent of which was in 2019, when the House of Representatives formed a committee to amend the constitution, but the committee did not make any progress towards the amendments, due to political rejection of this.
The head of the Supreme Judicial Council, Faiq Zidane, had previously called on the House of Representatives to amend the constitution, following renewed controversy over vague articles that are open to multiple interpretations and which have become a problem that recur with every political crisis. The term “largest bloc” appears after every legislative election. For his part, legal expert Ali Al-Tamimi believed that “the Iraqi constitution is a rigid constitution, not a flexible one - meaning it cannot be amended except through long and broad procedures - and its amendment is stipulated in Articles 142 and 126.”
Al-Tamimi added, in an interview with Al-Sabah, that “Article 142 must be implemented first, as stated in Federal Court Decision 54/2017. Parliament must form an amendment committee and approve it by an absolute majority of its members after achieving a quorum, and the amendment must be put to a referendum and approved by half of the voters plus one, and two-thirds of the voters in three governorates must not object to the amendment.”
Regarding the articles that need to be amended, Al-Tamimi stressed that “the form of the political system requires that by shifting to the best presidential system for Iraq, and resolving Article 140 related to the disputed areas, and Article 73, the powers of the president, and the form of parliament. It is possible for the political system to be mixed as in France, meaning that the president is elected by the people and the prime minister is elected by parliament, and the powers of the president are greater.”
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