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Election law tool for people, not parties
3/10/2016 0:00
[rtl]Adil al - Lami , the
election law is a tool that people use to choose their representatives and not is a tool used by the parties to re - elect themselves and so that democracy take its optimum state must achieve implementation mechanisms are consistent with the social reality of the requirements, the issue of direct democracy , which means rule by the people for thesame straightforward manner that can be implemented in small communities where thenumber of eligible citizens do not exceed more than the extent permitted in knowing their own desires and aspirations and their views and they are gathered in one place and hear each other.
if they meet in the court room for two thousand citizen and to decide and agree on asolution to a particular issue or to legislate a specific law or to take a particular decision respect to their small community, so this process rules developed in conjunction including Visfy the opinion of the people qualified directly regarding the issue at hand, and also the people supposed that he has already decided the rules and the way to be followed in thevoting for every type of issues raised certain a majority of the voting example , thedecision of war requires approval 3 out of 4 of the votes of eligible citizens and thedecision to ratify the execution of a murderer 2 out of 3 of the eligible citizens and thedecision of another kind requires an absolute majority vote or a simple majority , and so, this is direct democracy as it is known. The principle inventor of this process is that people decide a majority of the votes of eligible citizens and a minority of eligible citizens to obey the rule or the majority 's decision on condition of arbitrary decision or majority rule and only led to the secession of the opposition minority of the people, which may lead to the formation of statelets or combined independent or could lead to confrontation and fighting, and that 's what pushes to make decisions characterized by wisdom and rationality.
now in light of the millions communities of the population can not be the direct application of democracy was replaced by representative democracy or parliamentary, which means that the people elect their representatives in the Council has been termed the national Assembly or the Council of people or the House of Representatives and other titles that are the result means that this council represents the sons demographically and geographically the state order for this Council to enact legislation and decision - making for the conduct of matters of state on behalf of the people , but what are the conditions that must be available to the candidate to be a deputy and arepresentative of a group of citizens who represent them Evacuee in parliament? In addition to the eligibility requirements there is an important condition, is to get the support of a majority in the Chamber that nominated them . If the electoral district represents one seat in the parliament it must get 50% +1 at least to win his seat representative , and if the circuit represents a certain number of seats must be obtained electoral denominator to win his seat (electoral denominator is the number of valid votes of voters divided by the number of seats) and also means here may ask, why must obtain these percentages of the vote to win his seat candidate? The answer also is easily to be the MP holds a support grass - roots strength and legitimacy , which qualifies him to speak or make decisions or vote on them on behalf of his constituents and the people he represents not to blame for his actions only if they are in the form ofpersonal actions be held accountable by law.
However , he can direct democracy be applied and implemented in the millions states in the narrowest scope and in specific cases may be implemented expensive process materially However this must be applied and implemented in such cases exclusively, called this process the referendum, and this exclusive cases, the referendum on theConstitution and its amendments or a referendum on the decision which affects thecountry 's status in the cases of separation of part of its territory to resign himself a new state or to join another state or a referendum on the merger of two states in one state or to create a new province within the state or referendum to enact a law to the manner ofmanagement of the people of agency representatives of the people process or ruling such as the electoral law or the referendum on the law that sets who is entitled to engage in political work and the composition and terms of the political groups as a law parties, as well as get the referendum on the legislation of the law to change the identity of the state , if not specified in the Constitution , whether economic identity or political ,such as the desire that the state shift from the liberal economy into a socialist or vice versa.
as more 95% of members of the Iraqi Council of Representatives did not get the vote ,as required by the electoral constituencies for electoral denominator but won the votes ofothers, the question is: Why are these things where people should be decided directly rather than through their representatives? The answer is quite simply , too, so as not toproduce a governor or group of persons or a party , or parties , group account alone thereins of state matters and privileges and we become in front of a form of dictatorships or feudal party and dedicate powers and functions in her hand in a manner dividing theadversaries and the marginalization of groups of people other or other political groups.What I want to MEMRI in this article is that the voice of the people and his will is that you can overcome the will of the minority for Atmthelh truly in the legislation of strategic laws such as the electoral law or the law of parties , and the fact that the
Constitution has been silent on the shape of the state electoral system to address it must be put to a referendum, any election law, in order to gain legitimacy because ( theelection law is a tool that people use to choose their representatives and not is a tool used by the parties to re - elect themselves) in particular - and also Asilvna- that more
than 95% of the people 's representatives (members of the Iraqi Council ofrepresentatives) did not get the ratio adequate for the majority votes in their constituencies , but they won the votes of the losers and the voices of the leaders oftheir lists. They are trying to repeat the same thing now more than ever for their own good.[/rtl]
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