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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

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    Is the House of Representatives has the authority to mandate?

    Rocky
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    • Post n°1

    Is the House of Representatives has the authority to mandate? Empty Is the House of Representatives has the authority to mandate?

    Post by Rocky Sat 27 Feb 2016, 4:00 am

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    Is the House of Representatives has the authority to mandate?


     Roudhan Salem al-Moussawi  

    Appear between now and then claims from the Iraqi government to the House of Representatives delegated powers and the most recent claim of the Prime Minister commissioned a year to change the cabinet (ministerial cabin) and according to what happened in the House of Representatives held a hearing on 02.20.2016, as we learned earlier existence of a mandate from the the House of Representatives to Mr. Prime Minister, then the statement that appeared the Council did not authorize any of his constitutional powers to Mr. Prime Minister, this heated debate between the legislature and the cabinet founded on the basis of the mandate
    The sense of devolution of powers, and wrote a lot about this topic in cash and analysis and from multiple angles, but to draw attention repeating mandate words in every debate that took place and that it was not clear the meaning of the authorization requested byMr. Prime Minister , but inferred that mandate the granting of powers is not due thereon to the House ofRepresentatives, and understood that he was asked to authorize the terms of reference of the House ofRepresentatives, because the matter if it concerns the powers of the Council of Ministers there is no justification for the mandate on the other hand because it already owned, so it must stand at the term that trading these days often a (mandate) and a statement legal meaning to him both at the level of constitutional law, administrative law , or any area of the law in general, then the statement is there a prospect for thedelegation in the Iraqi constitution and whether the House has the mandate authority and if it is owned by is has the right to re - what delegated the powers, to impose the like this case, and I'll show it on according to the following: 
    1. The meaning of the mandate: The term mandate is one of the common concepts in constitutional and legal field and because the concepts and identified accurately affect the legal relationship and on the edge when the application, so interested in the art of legislative drafting determining the terms contained in thelegislation clearly so as not to give rise to confusion and ambiguity when the application and the authorization the terms mentioned in a lot of domestic legislation which is not defined clearly in any of the window or cancellations laws, and leave it to the legal doctrine and applications of the constitutional judiciary or theordinary or administrative, but legal scholars wrote in the definition of the mandate much and in particular in the field administrative and to a lesser extent in the constitutional area including the following definition (mandate is to work under which transmits his power to authentic "commissioner" exercise to another authority , " the Commissioner") and as stated in the dictionary constitutional p . 322 authored by Olivier Duhamel and Yves Minnie translation Mansour judge from publications university Corporation for Studies and Publishing Beirut , the first edition in 1996, and such a definition is working in the field of administrative law as the minister sometimes delegating some or all of his powers to another officer may be in a lower division, but that all the scholars of constitutional and administrative law almost unanimous in their irreversibility authorization for a waiver , "commissioner" for his power and drop to his right and may not be back in it and that the discretion of the French Council of State in 1957 , which ruled that the delegation of authority strips "commissioner" of his powers do not go back to him at all the possibility of exercise as long as the mandate. 
    2. Authorization in the Iraqi constitution in force: by defining the mandate , we find that the claim of the Prime Minister authorizing means the House of Representatives cede some of his powers, and this is not owned by the House of Representatives because the Iraqi constitution did not take the principle of legislative delegation did not respond in the House of Representatives the powers contained in the Constitution 2005 inforce refers to this meaning, and become all claim a mandate is a constitutional or legal effect with theexception of one case referred by the Constitution relating to authorize the Prime Minister the necessary powers that enable him from the management during the period of a declaration of war or a state ofemergency and not a mandate, but authorization and their teams at the track legal, and these only when the House of Representatives approves the declaration of a state of war or emergency and in accordance with theprovisions of Article (61 / IX / c) of the Constitution which states as follows (the Prime Minister the necessary powers that enable him to manage the country 's affairs during the period of a declaration of war and a state of emergency , these powers and regulated by law, not inconsistent with the Constitution) and see some of the book that the Iraqi constitution did not take the principle of delegation and this is not absolute because the Iraqi Constitution referred to the mandate and the mandate Almottagabl between the federal government and local governments in accordance with the provisions of Article 132 of the Constitution which states It follows ( can be delegated to the federal government to the provinces authorities, or vice versa, with theconsent of the parties, and is regulated by law) 
    From the foregoing and offer fast , we find that the House of Representatives does not have a mandate authority that had previously issued a decision regarding the reforms launched by the Prime Minister , who returned package The Board announced the decision from him that he had not authorized any of its legislative powers, and even if such an explanation has not issued any decision authorization is irrelevant impact not arrange any constitutional or legal effects act by virtue of the base of jurisprudence and legal (saying goes) and sought by the President cabinet change the cabinet (ministerial cabin) is not only through the approval ofthe House of Representatives because of the prime minister the right to dismiss ministers with the consent ofthe House of Representatives in accordance with the provisions of Article 78 of the Constitution which states as follows (prime minister is the direct executive responsible for the general policy of the state, the general commander of the armed forces, the cabinet management, and presides over its meetings, and has the right to dismiss ministers, with the consent of the House of Representatives) , because the change will be dismissal of the current ministers or their resignations and then another nomination for them and be over the House of Representatives as well, but the Prime Minister if he wanted to sack the current cabinet cabins one of two things either ask the House of Representatives to withdraw confidence about Vtad when that dissolved the government pursuant to the provisions of Article (61 / VIII / c) of the Constitution , or ask the president to dissolve the House of Representatives , the ministry be dissolved on in accordance with the provisions ofArticle 64 of the Constitution in effect, these are constitutional mechanisms for those seeking treatment that seen through the cabinet reshuffle and there is no matter of constitutional or other legal and there is no legislative mandate for the House of Representatives the power to even requested Mr. Prime Minister. 
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