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Does the election law provides a true representation of the will of the voters?
Judge Salim al-Moussawi Roudhan *
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Does the election law provides a true representation of the will of the voters?
Judge Salim al-Moussawi Roudhan *
Iraqi Council of Representatives election model
He decided the Iraqi Constitution of 2005, which is the highest legal document, in Article (1) that the system of government is a parliamentary democracy in Iraq. He also sought to protect democracy when it refused to issue any legislation that is contrary to democracy in accordance with the provisions of Article (2 / I / b), which states the following: (no law may be enacted contrary to the principles of democracy).
This constitutional principle must be the basis when addressing the work of Parliament from the moment ofinitiating composition until access to the result of his work in the legislation of laws, as long as the constitution adopted democracy indirect method of assimilation Parliament when he decided to have a parliamentary system of government, in the sense that the state managed by the Board of Representatives , which is elected by the people as decided in Article (49 / I) of the following constitution (the House of Representatives is made up of a number of members increased by one seat per hundred thousand inhabitants of thepopulation of Iraq , representing the entire Iraqi people, who are elected by way of direct , secret ballot, and shall the representation of all groups of people.)
refers specialists in political systems that direct democracy albeit check the principle of the rule of the people the people and for the benefit of the people in the completed forms, the introduction of the considered impossible in light of the huge numbers of the population as well as other obstacles, so was resorting to Democratic indirect taking out Iraq 's constitution in force, and became a franchise is the best way for thedevolution of power at the present time, as a procedure whereby identification and recruitment of those responsible for managing the country 's affairs on behalf of the people, and this is what Aleh pointed out most of the professors of constitutional law including Dr. spring Anwar open door Metwally in his book (political systems).
from this presentation , we find that the basis of real parliamentary representation crossing from the spirit and values of the Constitution in force is the election law, if we were able to provide the correct means by which the check right parliamentary representation, the political and legislative process is the best of forms because all the joints State relies on the House of Representatives as a true representative of the will of thepeople, as well as the constitution , which took the parliamentary system of government and not apresidential or mixed and in accordance with the provisions of Article (1) of the Constitution , which states thefollowing (a single federal, independent and fully sovereign Republic of Iraq, its system of government Republican representative (parliamentary (democratic, and this is the guarantor of the unity of Iraq) , theConstitution and after two elections have passed since the issuance of the constitution third session on theoutskirts of the completion Is made us force the elections Law No. (45) for the year 2013 the constitutional requirement in the true representation of the will of the voters of Iraq? This question will be answered through the practical results of the work of the House of Representatives and Khiarth formed by the governments of the functions of planning and implementing the general policy of the State and the implementation of its objectives , which according to what is stated in Article 80 of the Constitution. The observer of the Iraqi scene will know inevitably the answer is that a significant imbalance has gripped the entire political process, adversely affecting the overall performance in all aspects of the state, and this leads us to the basis of theselection and the election of the House of Representatives was not successful in achieving the will of the real voter, and as the way the selection that had been assigned under power to the members of the House ofRepresentatives was and still is in the elections law No. (45) for the year 2013, the flaw lies in it because it relied on electoral systems do not check people 's will, but the will of the parties and blocs and sects andethnic ethnicities authoritarian on the decision of the referee in Iraq and these do not want to lose their privileges that are available through this law because it provides her enduring domination of the authority ofgovernment so as to provide its considerable financial and moral privileges on the citizen , who is supposed to be the source of their authority account, but follow the way Incorrect undermined the power of the people and to maximize the predominance of these categories, as adopted the current electoral system , the method of selecting a relatively open list according to which the distribution of seats on competing lists, according to the St. Lego rate is and according to the provisions of Article (14) of the electoral Act No. 45 of 2013, meaning that the voter persons shall be elected from a single list and may not choose people from multiple lists this sound calculated to list its credit seats in the Council and then distributed to its members by amajority of votes within the list, even if someone does not have a vote as much as another candidate in another list, for example, the leader of a menu dominated by voters and the collection of his list of the largest number of votes , while the rest of the members of this list of them did not get the number of votes isestimated in the dozens often and less about people from the lists of other entities have received tens ofthousands of votes, but ruled out and give the seat to the owner of the least votes in the winning list, it does not represents the true will of the voters, but the will of the head of the list of choice and certainly acceptable to this president will remain without a doubt under the domination and influence of the leader , the president ,without paying attention to the real interests of the people, because it took the prosecution 's seat through the nomination of head of the list and not the people who did not Ertd him as his representative from during scarce votes obtained.
thus, the current law does not meet the aspiration of the people to change the current reality of the political process, and what is happening now and since for quite some time by calling for comprehensive reform for all joints in the Iraqi state are evidence that the parliamentary representation now does not represent the people, but the interests of the categories the parliamentary blocs and partisan and ethnic, and protests the list should be the basic and major modification of the electoral system demands that wins seat parliament largest owner of number of votes and be voters are free to choose candidates from any entity or list does not need to be a choice for a single list and is not a delay in the announcement of the results Sorry prevents Neil this requirement because access to represent real with a delay for a few days or weeks represent an important asset for people with paying attention to the means of changing the law in force and achieve real reform must be lulled him to the same people and not to regional or individual claims have the power of leadership followed by those who do not realize the meaning of parliamentary representation, and this is also calling on everyone to pay attention to maximize the role of knowledge and public and private have because it is one of the most dominant authorities on human will and striving to reduce the idea (patristic) or loyalty to the leaders of theunique, because the principle of (patristic) , which represents the subordination Son of the father and be the Messier blindly and voluntarily to the authority of the leader and this makes the human that is being driven under the influence of feelings toward satisfying leader and not through manageable through Alaklaia thinking, so the view of many experts that the knowledge of its position of excellence in the community because it is the authority in the community based on persuasion and conviction by presenting the argument and theevidence of scientific others to convince positive efficiently and this is what Asher him writer Mohamed blackbird in his book (religion and power read contemporary governance) so we have to make the main goal of all change requests is to force the electoral system to change so that we can find a parliament expresses the majority relative to the people through the direct election of the candidate of any list he or electoral entity and be the owner of votes Top is from the prosecution in the House of Representatives , and without paying attention to the electoral bloc because the ministerial mandate to be the parliamentary bloc that will form after the performance of the winners of the membership of the House of Representatives, not the electoral bloc , which entered competition in the field of elections, this is settled by the Iraqi constitutional judiciary when the Federal Supreme Court has interpreted the concept of the largest parliamentary bloc contained in Article 76 of the Constitution , where interpretive Supreme Federal Court decision clarified No. 25 / Federal / 2010 25/3/2010 as follows ( assigning parliamentary bloc , which has become the parliamentary seats in thefirst meeting of the House of Representatives candidate more numerous than the block or other blocks)
* Vice - President of the resumption of Baghdad
refers specialists in political systems that direct democracy albeit check the principle of the rule of the people the people and for the benefit of the people in the completed forms, the introduction of the considered impossible in light of the huge numbers of the population as well as other obstacles, so was resorting to Democratic indirect taking out Iraq 's constitution in force, and became a franchise is the best way for thedevolution of power at the present time, as a procedure whereby identification and recruitment of those responsible for managing the country 's affairs on behalf of the people, and this is what Aleh pointed out most of the professors of constitutional law including Dr. spring Anwar open door Metwally in his book (political systems).
from this presentation , we find that the basis of real parliamentary representation crossing from the spirit and values of the Constitution in force is the election law, if we were able to provide the correct means by which the check right parliamentary representation, the political and legislative process is the best of forms because all the joints State relies on the House of Representatives as a true representative of the will of thepeople, as well as the constitution , which took the parliamentary system of government and not apresidential or mixed and in accordance with the provisions of Article (1) of the Constitution , which states thefollowing (a single federal, independent and fully sovereign Republic of Iraq, its system of government Republican representative (parliamentary (democratic, and this is the guarantor of the unity of Iraq) , theConstitution and after two elections have passed since the issuance of the constitution third session on theoutskirts of the completion Is made us force the elections Law No. (45) for the year 2013 the constitutional requirement in the true representation of the will of the voters of Iraq? This question will be answered through the practical results of the work of the House of Representatives and Khiarth formed by the governments of the functions of planning and implementing the general policy of the State and the implementation of its objectives , which according to what is stated in Article 80 of the Constitution. The observer of the Iraqi scene will know inevitably the answer is that a significant imbalance has gripped the entire political process, adversely affecting the overall performance in all aspects of the state, and this leads us to the basis of theselection and the election of the House of Representatives was not successful in achieving the will of the real voter, and as the way the selection that had been assigned under power to the members of the House ofRepresentatives was and still is in the elections law No. (45) for the year 2013, the flaw lies in it because it relied on electoral systems do not check people 's will, but the will of the parties and blocs and sects andethnic ethnicities authoritarian on the decision of the referee in Iraq and these do not want to lose their privileges that are available through this law because it provides her enduring domination of the authority ofgovernment so as to provide its considerable financial and moral privileges on the citizen , who is supposed to be the source of their authority account, but follow the way Incorrect undermined the power of the people and to maximize the predominance of these categories, as adopted the current electoral system , the method of selecting a relatively open list according to which the distribution of seats on competing lists, according to the St. Lego rate is and according to the provisions of Article (14) of the electoral Act No. 45 of 2013, meaning that the voter persons shall be elected from a single list and may not choose people from multiple lists this sound calculated to list its credit seats in the Council and then distributed to its members by amajority of votes within the list, even if someone does not have a vote as much as another candidate in another list, for example, the leader of a menu dominated by voters and the collection of his list of the largest number of votes , while the rest of the members of this list of them did not get the number of votes isestimated in the dozens often and less about people from the lists of other entities have received tens ofthousands of votes, but ruled out and give the seat to the owner of the least votes in the winning list, it does not represents the true will of the voters, but the will of the head of the list of choice and certainly acceptable to this president will remain without a doubt under the domination and influence of the leader , the president ,without paying attention to the real interests of the people, because it took the prosecution 's seat through the nomination of head of the list and not the people who did not Ertd him as his representative from during scarce votes obtained.
thus, the current law does not meet the aspiration of the people to change the current reality of the political process, and what is happening now and since for quite some time by calling for comprehensive reform for all joints in the Iraqi state are evidence that the parliamentary representation now does not represent the people, but the interests of the categories the parliamentary blocs and partisan and ethnic, and protests the list should be the basic and major modification of the electoral system demands that wins seat parliament largest owner of number of votes and be voters are free to choose candidates from any entity or list does not need to be a choice for a single list and is not a delay in the announcement of the results Sorry prevents Neil this requirement because access to represent real with a delay for a few days or weeks represent an important asset for people with paying attention to the means of changing the law in force and achieve real reform must be lulled him to the same people and not to regional or individual claims have the power of leadership followed by those who do not realize the meaning of parliamentary representation, and this is also calling on everyone to pay attention to maximize the role of knowledge and public and private have because it is one of the most dominant authorities on human will and striving to reduce the idea (patristic) or loyalty to the leaders of theunique, because the principle of (patristic) , which represents the subordination Son of the father and be the Messier blindly and voluntarily to the authority of the leader and this makes the human that is being driven under the influence of feelings toward satisfying leader and not through manageable through Alaklaia thinking, so the view of many experts that the knowledge of its position of excellence in the community because it is the authority in the community based on persuasion and conviction by presenting the argument and theevidence of scientific others to convince positive efficiently and this is what Asher him writer Mohamed blackbird in his book (religion and power read contemporary governance) so we have to make the main goal of all change requests is to force the electoral system to change so that we can find a parliament expresses the majority relative to the people through the direct election of the candidate of any list he or electoral entity and be the owner of votes Top is from the prosecution in the House of Representatives , and without paying attention to the electoral bloc because the ministerial mandate to be the parliamentary bloc that will form after the performance of the winners of the membership of the House of Representatives, not the electoral bloc , which entered competition in the field of elections, this is settled by the Iraqi constitutional judiciary when the Federal Supreme Court has interpreted the concept of the largest parliamentary bloc contained in Article 76 of the Constitution , where interpretive Supreme Federal Court decision clarified No. 25 / Federal / 2010 25/3/2010 as follows ( assigning parliamentary bloc , which has become the parliamentary seats in thefirst meeting of the House of Representatives candidate more numerous than the block or other blocks)
* Vice - President of the resumption of Baghdad
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