Legal expert: the governments of the rescue and emergency unconstitutional

2016-03-22 00:44:55 | (Voice of Iraq) - Baghdad

Legal expert said that the call for the formation of the governments of rescue or emergency unconstitutional.

Said Tariq Harb said in a statement that " the call for Prime Minister Haider al - Abadi to resort to the government of national rescue or emergency Indeed , the Government of the provisions of the federal authorities contained in articles (74-86) of the Constitution allows the formation of a constitutional government in accordance with the provisions of the Constitution any which provide prescribed constitutionally conditions ".

He added that " the Constitution does not mention the emergency government or a government of national salvation also touched on some of the constitutions to that and this government stipulated by the Constitution did not require them to take the form of quotas so that each share of the Cabinet in which political bloc , as is happening in the government now."

And the war, that "some political blocs won a ministerial post while these blocks do not have more than four members of parliament and we can imagine that if we know that the number of members of parliament 328 deputies and we gave each political bloc has four members, Minister , how will the number of ministers? !. "

However , to say , "but the Constitution frankly did not prevent the formation of a government quotas are distributed between the political blocs , provided the government 's commitment to constitutional principles and private experience, competence and integrity and honesty and independence from the block so that the minister be a follower of the people and the Prime Minister and not a political bloc so that his resignation be the head of the political bloc and not to the Prime Minister as Constitution and the law so decided any loyalty is bound to be the minister to the people and government of the prime minister and not as applicable now. "

He continued , "The word and the term rescue or a national salvation government, the constitution did not know this term as ignorant of the constitution of such a government itself , and it is said about the emergency government so that the constitution and passed a declaration of emergency in the article (61 / IX) , but he does not know the emergency government Declaration state of emergency nothing unconstitutional and the emergency government is something not provided for by the Constitution. "

He said the war " I do not mind granting of a technocrat government to be formed by the prime minister more powers and terms of reference of the state of emergency , and this will not prevent the Government of technocrats to an emergency government of any permissible constitutionally granted powers to the new government or any government formed according to the constitution, but the formation of an emergency government or a government of national salvation be replaced stop if we learn from the experiences of other countries. "

He noted legal expert that "such governments (rescue and emergency) constitute the only military and not a civilian government are also required the constitution so that prevent any military to get the recipe Minister and could Abadi government formation conditions Asilvnaha previously even in the case of non - return to the political blocs that trying to put obstacles in one way or another in front of the prime minister in the reformist procedures. "