The most important of the judiciary, headed by Mahmoud crimes 9/2
The most important of the judiciary, headed by Mahmoud crimes
September 2, 2015 18:14
Some pretend here and there, demanding the reform of the judicial system, or the resignation of the head of the judiciary Medhat al-Mahmoud, but did not know most of these, if not all of them the role of the judiciary in all it ended up, and it is one of the initiated dictatorship and Glvha legal cover and Dsturi.ovi a few consecutive articles, reprints Adapted from an academic search-for Amanh-. We will stand on the disaster inflicted by the judiciary, led by Mahmoud Iraq and its political system, and will understand the underlying causes behind the play and the resignation of Mahmoud Judicial Council rejected his request, unanimously.
1. Parliament to approve conversion to the Prime Minister deems authority!
Despite the consensus of the doctrine that the inherent jurisdiction of Parliament is legislation, although the constitutional legislator of Iraq has made it in the introduction to its terms of reference (M61-I), and despite the large side agreement of Fiqh that the system, which embraced the constitutional legislator in Iraq, closer to the system Majlisi of it to the system Parliamentary After extensive powers bestowed by the legislature, but that the Federal Court proceeded to disarm the most important powers of parliament with him, which is the legislative authority, having decided that his right to propose laws Vqt.ltqlb tip the balance between the executive and legislative branches the first side, after they tend to favor Second, the decision of the court which made the authority to provide bills in the hands of the executive power exclusively.
Thus, the Federal Court has reduced the validity of the House of Representatives in the legislative process under the approval of what posed by the executive branch or rejected, and Asirth approval authority after the authority of legislation, and this Grayb.oukd justified by the court sometimes that (bills logic singled out by providing the executive branch are required to provide on the one hand with the jurisdiction of the executive branch to attach to financial, political and international commitments and social though which policies meet these obligations is the executive power ... and not the legislative power), and I went Court that the Constitution may draw implementers to deliver bills and are they return exclusively for power Altniveh.ala that the Court placed some limitations the other, which boil down to the executive branch (the Prime Minister) without the other, draft law should be submitted (from the point of jurisdiction of the executive branch), so (the law is passed from the House and the presidency ... without the express opinion in which the executive branch. ..hat The prime minister is the direct executive responsible ...) sponsor rule to be unconstitutional.
It is surprising that the Court recognizes that the Presidency Council approved the law, and then claim that the executive branch did not express any opinion in it. But this strange indeed relieved to note that the Court had resorted to the executive branch by saying Tbaad (hand jurisdiction of the executive branch), and highlighted that the (prime minister is the direct executive responsible for public policy of the State). The Court also held that the Constitution passed the House of Representatives to submit proposals of laws (and the proposed law does not mean the bill because the proposal is the idea and the idea not be the legitimate and necessary to take the proposed way to one of the implementing referred to prepare a draft law ... If Mawavq that the executive branch policy) () .obma House of Representatives has become a follower of the President of the Court Wazzra.anzer Alathadah43-44 decisions for the year 2010.
However, it is clear that not all related laws, financial and political commitments, and the constitutions and parliaments in the world were not for the ignorant that the fulfillment of those commitments from the jurisdiction of the executive branch when made legislative competence inherent jurisdiction of the Berlman.lma Court went on another occasion to provide a new justification, After It acknowledged that the legislation of laws right of the Parliament and is located at the heart of its terms of reference, I went to it (in order to take the proposals of laws and constitutional contexts on the boards of the legislation that are formulated form of draft laws in coordination with the executive power entrusted by Article (80 \ i) of the Constitution, the planning and implementation of public policy of the state functions and plans public ... The implementation of these tasks need to send proposals to the laws, the executive branch to study it and make it in the form of draft laws) (resolution 64 federal 2013).
It is noted that the rules of procedure of the House of Representatives dealt with in Chapter XIV of it members to projects proposed laws, stipulating Article (120) than that (are entitled to ten members of the Council propose bills to the President of the House of Representatives drafted in the materials ...). Did not make the appeal not to constitutional articles (120-126) of the rules of procedure of the Board of any party, but that the Federal Court itself, which it has previously relied on some of its provisions to the rules of procedure of the Council itself (9 federal 2009), although the constitutional legislator himself had made the powers of the Council of Ministers (proposal projects Laws) (m 80 \ II), although much of the Fiqh had known the law proposal, that (the bill to the competent authority legislation) (those definitions consider: Ashraf Abdullah Omar, competent to propose laws authority, Master Thesis submitted to the Council of Faculty of Law at the University of Babylon, 2004, p. 5 onwards).
The House of Representatives already enactment of several laws came from proposed laws of members or committees of the Council projects, it has been ratified by the Presidency of the Republic and published in the Official Gazette and are still valid Mufaol.basttina what took the executive branch re-examined and challenged to be unconstitutional, such as the House of Representatives No. (50) for the year 2007, issued on the basis of Article (63-I) of the Constitution, which provides that (defines the rights and privileges of the President of the House of Representatives and his deputies and members of the Board Law), but I doubt that such a law, Lahu international obligations of executive power, and Lahu of public policy of the State , but that the Federal Court, I decided to not accept the laws only (Mawavq executive branch policy), that power which excavated in 2013, in-laws issued by the House of Representatives over the past years, to find the Haifa in the enjoyment of "Head of the House of Representatives and his deputies to all the rights and privileges enjoyed by the Prime Minister and his two deputies in all material and moral areas ", as well as in the enjoyment of" a member of the House of Representatives all the rights and privileges enjoyed by the minister ... "(articles (4.3) of the House of Representatives Law No. (50) for the year 2007), Despite the promulgation of the law by the Board in the presence of the executive branch itself, which has provided necessary for the requirements of the financial allocations for six years, before challenging Bdsturith in 2013, after it found that the equality between the Presidency of the Council of Representatives and the Presidency of the Council of Ministers in the physical and moral rights, conflict "With the constitutional constants explicit text of the Constitution and of the principle of equality and non-differentiation between Iraqis set out in Article 14 of the Constitution, Vdilan violations of the principle of social justice enshrined in the constitutional legislator at the heart of the constitutional document (Article (22)!" (Resolution 86 federal 2013).
It is strange that the Federal Court in this case, no groping (very spirit of the Constitution and constitutional provisions) -as one justified its decisions as will be seen later in the subject that God willing, to find that the spirit and purpose of the Constitution on the basis of the parliamentary system. Legislative competence has been the preserve of Parliament even in the presidential system, Flaimlk US president, for example, the right to submit a proposal or a bill, if there was a difference between the two terms. Thus are the powers of the Iraqi parliament in the legislative context, without the powers of the Governing Council under occupation, and without the powers of the National Council under the Baathist regime, it was for the Council to propose draft laws and legislation (m 47 \ First, Second) of the National Council Law No. (55) for the year 1980 . as well as the (m 52 \ First, Second) of the National Council Law No. (26) for the year 1995. The strangest thing in this context, that the Federal Court itself, instructed the House of Representatives adoption of jurisprudence for all Islamic sects When published legislation regulating personal status, and to pass legislation regulating the quota Minorities (resolution 59 \ federal \ 2011.walaqrar 6 \ federal \ 2010.), to expect the same court on several contradictions; they instruct the House of Representatives to pass legislation that has already robbed expired with him, was the first out, on the basis of what I went to him to instruct the executive branch to submit a draft Law, instead of the House of Representatives who assume it to be put (the idea), in the hope that consensus (the executive branch policy). As Request for legislation regulating the quota of minorities, it has already been ruled unconstitutional this as a breach of the principle of equality and equal opportunity and that it disregards the census flour (resolution 24 \ federal \ 2013.).
And it sustains the argument concerning the non-validity of the Court's interpretation of this, that the constitutional legislator equated between the President and the Council of Ministers jointly and between the five members of the House of Representatives, in giving them the right to propose a constitutional amendment on the one hand (m 126 \ I), but the legislator did not distinguish in this article between the terms (proposed ) and (draft) On the other hand, and that a century approve the amendment, whether issued by the President of the Republic and the Council of the Ministers collectively, I believe five members of the House of Representatives, two-thirds of the members of the House of Representatives with the consent of the (m 126 \ II, III), and an absolute majority (m 142 \ II. ) .vidh The House of Representatives the power to propose to amend the constitution and approval and put to a referendum, without taking the opinion of the executive branch and obligations into account .ostan between amend the constitution or a comprehensive review of him, and the promulgation of a law.
The result is that the Federal Court of the Iraqi parliament made a unique situation, Parliament does not have the authority to enact a law unless the law had come originally from the prime minister, or that he had the approval of the prime minister Msbaka.ama-Prime Minister al-Maliki has been dealing with the subject on the way Ghazal want to take the monkey, if he wanted to evade all is said legislation the validity of Parliament, if it wants to either reject Meshrah Parliament said that the parliament ..... legislation does not have the power!