The position of the President of the Republic to ensure that the Constitution is adhered to and not ceremonial

The House of Representatives enacted the Federal Budget Law of the Republic of Iraq for the fiscal year 2018 and sent it to the President of the Republic for approval, but returned to it to re-examine the form and content of the constitutional, legal and financial of the existence of about 31 points intersect with the legislation in force. The ministry's press office said in a statement that the re-budget came after experts and legal and financial advisors studied and examined in detail to diagnose the most important constitutional, legal and financial violations of some of the articles, items or paragraphs that need to be addressed before ratification.

But a member of the parliamentary legal committee pointed out that the President of the Republic can not re-draft the federal budget law because it is a clear violation of the provisions of Article 73, paragraph III of the Constitution with regard to the powers of the President of the Republic, "approves and issues laws enacted by the House of Representatives and is ratified after the passage of Fifteen days from the date of receipt. "Thus, the President of the Republic can not restore laws enacted by the House of Representatives.

If we consider the contents of the above article, we find that the President of the Republic may approve and issue the laws enacted by the House of Representatives. If he does not do so, these laws shall be considered ratified after fifteen days from the date of receipt thereof. But this constitutional article does not refer to the right of the President of the Republic to refuse to ratify the laws in case of violation of the Constitution. However, if we refer to Article 67 of the Constitution, "The President of the Republic is the Head of State and the symbol of the unity of the country. He represents the sovereignty of the country, and ensures the adherence to the Constitution and the preservation of the independence, sovereignty, unity and territorial integrity of Iraq. The Constitution, "we find that it is the duties of the President of the Republic to ensure compliance with the Constitution, and since the budget according to the statements of the Information Office of the Presidency of the Republic indicates that there are about 31 points intersect with the legislation in force then the President of the Republic to return to the House of Representatives to avoid these violations of constitutional.

According to Article 71 of the Constitution, "The President of the Republic shall be sworn in before the Chamber of Deputies in the form provided for in Article 50 of the Constitution" and Article 50 of the Constitution. "I swear by Almighty God to perform my duties and my legal responsibilities with dedication and sincerity. I maintain the independence and sovereignty of Iraq and take into consideration the interests of its people and safeguard the integrity of its land, sky, water, wealth and federal democratic system, and safeguard public and private freedoms and the independence of the judiciary. , And God is what I say martyr, "the President of the right to restore the budget to the House of Representatives if The existence of legislative irregularities therein. Article 73, paragraph 3, of the Constitution does not refer to the prohibition of the President of the Republic from returning laws to the Chamber of Deputies if they are constitutional violations. And based on the jurisprudential rule "the origin in the permissibility of things," according to the Messenger of Allah peace be upon him and his family and companions "What God allowed in his book is halal, and what is forbidden is haraam, and what is silent about it is wellness, so accept from God, God is not forgotten "and the Almighty says" and your Lord was forgotten "(Mary 64), it is entitled to the President of the Republic to restore the budget to the House of Representatives for the existence of constitutional irregularities therein.

Article Credit: https://www.baghdadnews.info
Special Thanks to Charles Bright!!