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Parliament: the mandate requires presidencies "constitutional amendment"
14/01/2013 08: 38
Legal
Committee confirmed the need for a constitutional amendment before the
adoption of the law of mandate three presidencies to ensure that revoked
by the Federal Court.
However, views were divided on the law,
the State of law coalition as stressed on the unconstitutionality of the
measure, defended the change block.
The House voted at its 4th
meeting held last Wednesday to agree in principle to continue with the
proposed legislation the law defining the mandate of the President of
the Republic and the speaker of the House of representatives and
Chairman of the Council of Ministers, was the first reading of the
proposed law.
Legal Committee member opposed Mahmoud Hassan to
mandate three presidencies, stating that the legal Committee had also
objected to the draft law.
Hassan said in a statement for
"features & status of the Iraqi media network", that "this objection
came for two reasons first configurable and substantive second, formal
reason is still a proposal, based on the Federal Supreme Court it must
come by the law, so it is not permissible to put a proposal to the law
because it is" null and void ".
He continued that "the second
constitutional issue, the Constitution clearly and never came in article
72 thereof, so select the mandate of the President to two terms and
left absolutely for Prime Minister and speaker of the House of
representatives and all here not spontaneously, but there was a
separation of constitutional law, in addition to article 76 of the
Constitution is that it cost the President the most numerous
parliamentary blocs candidate to form a Government and that the text is
absolute and is not limited by law, only a constitutional provision that
the Constitution if not for the candidate Not hold office for two ".
Article
(27) of the Constitution states: "first: the mandate of President of
the Republic to four years and may be re-elected for a second term, II:
A the mandate of the President of the Republic by the end of the session of the "House of representatives", inter alia
Article
(76): "first: designate the President of the Republic, the most
numerous parliamentary candidate, to form the cabinet within 15 days
from the date of the election of the President of the Republic".
And
Hassan "believes that conditions in the President of the Republic, the
Prime Minister must not true because there are regulatory conditions and
subjective conditions and regulatory requirements relating to the
mandate of the Office, so they (the conditions) are different from the
conditions and on this basis the regulatory requirements are unrelated
and did not come for the Prime Minister."
He also rejected legal
Committee member Hussein NET law mandate three presidencies, especially
the mandate of Prime Minister, returned the "irrational" and "unlawful".
NET
said in a statement for "features & Centre for the Iraqi media
network": it "does not support this approach for several reasons,
including that the Constitution has defined the mandate of the President
of the Republic and the mandate of the President of the Chamber of
Deputies and the Prime Minister has no jurisdiction and is not
specifically this explicitly revealed that the Constitution and
constitutional legislative will to determine the mandate of the
President of the Republic only and not to mandate the mandate of the
Prime Minister or speaker of the House".
He continued that "one
of the most important reasons not determination is that the Prime
Minister is elected by the House of representatives representing the
entire Iraqi people, as well as the Constitution indicated that the
largest bloc is nominate someone to fill this post, so the largest bloc
is not obliged to nominate a particular person you want other political
blocs".
NET increased by saying that "any act that is contrary to
the Constitution", stating that "no law can be contrary to the
Constitution, because in that case it is quality when the two for
violating the Constitution, and that this trend is a trend to be
unconstitutional and could not be passed."
And that "this
proposal had the Federal Court opinion in a previous resolution that
cannot pass a proposal and not a legally acceptable and constitutional,
unless undergoing legislative stations and referred to within the
legislative process to pass any law".
In turn, the legal
Committee member supported a block change Lutfi Mustafa this selection,
saying in a statement for "features & status of the Iraqi media
network": that "the mandate of the three presidencies, came to essential
and certain wisdom and is to prevent the return of singularity in
power."
Lutfi said that "the Constitution select the mandate of
President of the Republic and the Prime Minister's mandate because the
Constitution when it was different from what it is now", indicating that
the big concern at the time was the great powers was held by the
President of the Republic under the former regime, which led the country
to the scourge.
He continued that "the focus was on the
President because we didn't have Ministers or presidencies was formal
session at the time of the Presidency of the Republic and later, so the
focus was on the President first penguins dump from his powers and make
it the second selected protocolized, two leaving Cabinet."
The
Attorney did not find harmful from the mandate of the Prime Minister,
that the mandate of the President of the Republic is in favour of
democracy and the Constitution and is valid for the Prime Minister, he
said, adding that "the Constitution does not specify the term for Prime
Minister or speaker of the House, but it also did not prevent the law
specify the State.
Legal expert Tariq Harb said in a statement
for "features & Centre for the Iraqi media network": that "the
mandate of the Prime Minister away from the Constitution and move away
from the philosophy of the parliamentary system".
The war that
"the Constitution is very clear, so select the mandate of the President
of the Republic and the Prime Minister's mandate", indicating that the
parliamentary system based on the philosophy of multiple mandate as
Prime Minister in parliamentary systems, for example Margaret Thatcher
three electoral cycles, as Prime Minister of Britain, Tony Blair also
lasted three electoral cycles, as well as Silvio Berlusconi, former
Prime Minister of Italy who took this position for multiple periods,
indicating that the Prime Minister needs to have experience in the
administration of Government and the The things with experience and
previous experience was better in resolving issues, noting that the
mandate of the constitutional law has no value because the law can be
revoked by the House if it cancels the current session could be revoked
in the next electoral cycle of the House.
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14/01/2013 08: 38
Legal
Committee confirmed the need for a constitutional amendment before the
adoption of the law of mandate three presidencies to ensure that revoked
by the Federal Court.
However, views were divided on the law,
the State of law coalition as stressed on the unconstitutionality of the
measure, defended the change block.
The House voted at its 4th
meeting held last Wednesday to agree in principle to continue with the
proposed legislation the law defining the mandate of the President of
the Republic and the speaker of the House of representatives and
Chairman of the Council of Ministers, was the first reading of the
proposed law.
Legal Committee member opposed Mahmoud Hassan to
mandate three presidencies, stating that the legal Committee had also
objected to the draft law.
Hassan said in a statement for
"features & status of the Iraqi media network", that "this objection
came for two reasons first configurable and substantive second, formal
reason is still a proposal, based on the Federal Supreme Court it must
come by the law, so it is not permissible to put a proposal to the law
because it is" null and void ".
He continued that "the second
constitutional issue, the Constitution clearly and never came in article
72 thereof, so select the mandate of the President to two terms and
left absolutely for Prime Minister and speaker of the House of
representatives and all here not spontaneously, but there was a
separation of constitutional law, in addition to article 76 of the
Constitution is that it cost the President the most numerous
parliamentary blocs candidate to form a Government and that the text is
absolute and is not limited by law, only a constitutional provision that
the Constitution if not for the candidate Not hold office for two ".
Article
(27) of the Constitution states: "first: the mandate of President of
the Republic to four years and may be re-elected for a second term, II:
A the mandate of the President of the Republic by the end of the session of the "House of representatives", inter alia
Article
(76): "first: designate the President of the Republic, the most
numerous parliamentary candidate, to form the cabinet within 15 days
from the date of the election of the President of the Republic".
And
Hassan "believes that conditions in the President of the Republic, the
Prime Minister must not true because there are regulatory conditions and
subjective conditions and regulatory requirements relating to the
mandate of the Office, so they (the conditions) are different from the
conditions and on this basis the regulatory requirements are unrelated
and did not come for the Prime Minister."
He also rejected legal
Committee member Hussein NET law mandate three presidencies, especially
the mandate of Prime Minister, returned the "irrational" and "unlawful".
NET
said in a statement for "features & Centre for the Iraqi media
network": it "does not support this approach for several reasons,
including that the Constitution has defined the mandate of the President
of the Republic and the mandate of the President of the Chamber of
Deputies and the Prime Minister has no jurisdiction and is not
specifically this explicitly revealed that the Constitution and
constitutional legislative will to determine the mandate of the
President of the Republic only and not to mandate the mandate of the
Prime Minister or speaker of the House".
He continued that "one
of the most important reasons not determination is that the Prime
Minister is elected by the House of representatives representing the
entire Iraqi people, as well as the Constitution indicated that the
largest bloc is nominate someone to fill this post, so the largest bloc
is not obliged to nominate a particular person you want other political
blocs".
NET increased by saying that "any act that is contrary to
the Constitution", stating that "no law can be contrary to the
Constitution, because in that case it is quality when the two for
violating the Constitution, and that this trend is a trend to be
unconstitutional and could not be passed."
And that "this
proposal had the Federal Court opinion in a previous resolution that
cannot pass a proposal and not a legally acceptable and constitutional,
unless undergoing legislative stations and referred to within the
legislative process to pass any law".
In turn, the legal
Committee member supported a block change Lutfi Mustafa this selection,
saying in a statement for "features & status of the Iraqi media
network": that "the mandate of the three presidencies, came to essential
and certain wisdom and is to prevent the return of singularity in
power."
Lutfi said that "the Constitution select the mandate of
President of the Republic and the Prime Minister's mandate because the
Constitution when it was different from what it is now", indicating that
the big concern at the time was the great powers was held by the
President of the Republic under the former regime, which led the country
to the scourge.
He continued that "the focus was on the
President because we didn't have Ministers or presidencies was formal
session at the time of the Presidency of the Republic and later, so the
focus was on the President first penguins dump from his powers and make
it the second selected protocolized, two leaving Cabinet."
The
Attorney did not find harmful from the mandate of the Prime Minister,
that the mandate of the President of the Republic is in favour of
democracy and the Constitution and is valid for the Prime Minister, he
said, adding that "the Constitution does not specify the term for Prime
Minister or speaker of the House, but it also did not prevent the law
specify the State.
Legal expert Tariq Harb said in a statement
for "features & Centre for the Iraqi media network": that "the
mandate of the Prime Minister away from the Constitution and move away
from the philosophy of the parliamentary system".
The war that
"the Constitution is very clear, so select the mandate of the President
of the Republic and the Prime Minister's mandate", indicating that the
parliamentary system based on the philosophy of multiple mandate as
Prime Minister in parliamentary systems, for example Margaret Thatcher
three electoral cycles, as Prime Minister of Britain, Tony Blair also
lasted three electoral cycles, as well as Silvio Berlusconi, former
Prime Minister of Italy who took this position for multiple periods,
indicating that the Prime Minister needs to have experience in the
administration of Government and the The things with experience and
previous experience was better in resolving issues, noting that the
mandate of the constitutional law has no value because the law can be
revoked by the House if it cancels the current session could be revoked
in the next electoral cycle of the House.
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