Constitution making to eliminate hand over the legislative and executive branches


Dated: 03/09/2016 Wednesday 7:27

Tariq Harb
legal expert
Prime Minister's meeting with the judges of integrity courts in Baghdad on 03/07/2016, stressed the principle of the independence of the judiciary, so that the Constitution, independence of the judiciary systems as a right of the citizen first, and the commitment to Oaazem state officials Secondly, the recipe for the judiciary Thirdly, the protection of judges Fourth,
It is almost unique to the 2005 Constitution of Iraq for all previous Iraqi constitutions, and the constitutions of many countries, he pointed to the independence of the judiciary in six positions and six materials, split between inbuilt, is a material (19, 50, 71, 69, 87 and 88), Article (19) of the Constitution, contained in Title II of the Covenant on civil and political rights, the Constitution, and this means that judicial independence here, is the right of every citizen, as long as stated in the door of constitutional rights, as well as Lord of judicial independence again in the first section of the first chapter's House of Representatives, and Article (50 ) of the Constitution, when it considered the constitution of judicial independence, part of the constitutional right that must be performed by members of the House of Representatives, as it suggests that is mentioned in this article judicial independence, a constitutional side has a legitimate side, as long as it was part of the right mentioned in the article ( 50), and has been repeatedly noted a third time to judicial independence, when the constitution law makes it compulsory for in Article (71) the president of the republic is sworn in the above-mentioned, this means that the president will abide by the independence of the judiciary, which is part of the constitutional oath, and affirmed the Constitution on judicial independence fourth time Article (79), Shahu committed the prime minister and cabinet members, sworn mentioned earlier, which necessitated the respect for the independence of the judiciary, a part of this right, and was the fifth time when the Constitution decided in Article (87), the description of the judiciary, as the authority independent, and the time the sixth and last, when the Constitution decided to grant protection to the judges, where Article 88 of the Constitution states that judges are independent, with no authority over them except that of the law, thus making the 2005 Constitution, judicial independence in the status Alozky and the top position, where the view to this principle, a look constitutional and legitimate reverence, not even Article (61 / II) of the Constitution, I have decided the House of Representatives the authority in monitoring the performance of the executive authority only, and did not confer the Constitution the House of Representatives monitoring the performance of the judiciary authority, Her Highness and brought .. no Indeed, the above-mentioned article gave the House the accountability of the President the authority, and relieved, and the authority to question the prime minister, ministers and heads of independent bodies, and the withdrawal of confidence from them .. while the Constitution does not grant this authority, to the Head of the judiciary and the Chief Justice and judges

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