Political forces can twist the law if they agree to dissolve parliament
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Political forces can twist the law if they agree to dissolve parliament
Admin Tue Aug 16, 2022 1:51 pm
Political forces can twist the law if they agree to dissolve parliament
16th August, 2022
The controversy over the Sadrist movement's leader Muqtada al-Sadr's call to dissolve parliament is not without a political dimension that affects the legal interpretations of such a project.
The head of the Kurdistan Islamic Union bloc, Jamal Cougar, described al-Sadr's move by resorting to the judiciary as unconstitutional. He explained that Article 64 of the Constitution stipulates that Parliament be dissolved by an absolute majority of its members in two ways, the first at the request of a third of its members, and the second at the request of the Prime Minister and with the approval of the President of the Republic.
Al-Sadr had called on the judiciary to dissolve parliament because of exceeding the constitutional deadlines, saying: He must dissolve parliament after exceeding the constitutional deadlines within a period not exceeding the end of next week... and graciously assigning the President of the Republic to set a date for early elections conditional on several conditions that we will announce later.
In order to legitimize the call, the leader of the Sadrist movement called on his supporters to submit formal cases to the Federal Court through legal means. But it seems that there was not enough political and popular response to the call to dissolve parliament and hold new elections. The judiciary also disappointed al-Sadr by saying that he had no powers to dissolve parliament.
In its clarification, the judiciary stated that the mechanisms for dissolving the House of Representatives are restricted by the text of Article 64 of the Constitution and its summary is that the House is dissolved by an absolute majority of its members with two options, the first at the request of one-third of its members, and the second by a request from the Prime Minister and with the approval of the President of the Republic. He continued: From this text, it is clear that no other party, including the judiciary, in both its ordinary and constitutional parts, has the power to dissolve the House of Representatives because there is no constitutional or legal basis for this procedure.
But the legal expert Ali Al-Tamimi said that exceeding the constitutional deadlines and the failure of constitutional institutions, including Parliament, allows the Federal Court to dissolve Parliament. He indicated that the general principles contained in the Civil Code affirm that when the legislative institution is unable to perform its role, the judiciary takes over to dissolve it.
Analyzes indicate that all this controversy goes to waste, because if the political forces agree to dissolve Parliament, the market will twist the law's neck in order to reach the goal.
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16th August, 2022The controversy over the Sadrist movement's leader Muqtada al-Sadr's call to dissolve parliament is not without a political dimension that affects the legal interpretations of such a project.
The head of the Kurdistan Islamic Union bloc, Jamal Cougar, described al-Sadr's move by resorting to the judiciary as unconstitutional. He explained that Article 64 of the Constitution stipulates that Parliament be dissolved by an absolute majority of its members in two ways, the first at the request of a third of its members, and the second at the request of the Prime Minister and with the approval of the President of the Republic.
Al-Sadr had called on the judiciary to dissolve parliament because of exceeding the constitutional deadlines, saying: He must dissolve parliament after exceeding the constitutional deadlines within a period not exceeding the end of next week... and graciously assigning the President of the Republic to set a date for early elections conditional on several conditions that we will announce later.
In order to legitimize the call, the leader of the Sadrist movement called on his supporters to submit formal cases to the Federal Court through legal means. But it seems that there was not enough political and popular response to the call to dissolve parliament and hold new elections. The judiciary also disappointed al-Sadr by saying that he had no powers to dissolve parliament.
In its clarification, the judiciary stated that the mechanisms for dissolving the House of Representatives are restricted by the text of Article 64 of the Constitution and its summary is that the House is dissolved by an absolute majority of its members with two options, the first at the request of one-third of its members, and the second by a request from the Prime Minister and with the approval of the President of the Republic. He continued: From this text, it is clear that no other party, including the judiciary, in both its ordinary and constitutional parts, has the power to dissolve the House of Representatives because there is no constitutional or legal basis for this procedure.
But the legal expert Ali Al-Tamimi said that exceeding the constitutional deadlines and the failure of constitutional institutions, including Parliament, allows the Federal Court to dissolve Parliament. He indicated that the general principles contained in the Civil Code affirm that when the legislative institution is unable to perform its role, the judiciary takes over to dissolve it.
Analyzes indicate that all this controversy goes to waste, because if the political forces agree to dissolve Parliament, the market will twist the law's neck in order to reach the goal.
https://almasalah.com/archives/10711
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