Legal Parliament : there is no possibility to elect the president directly

4/22/2014 0:00

She stressed that changing the constitution is « almost impossible »
Baghdad's Rashid Shaima

Parliamentary legal committee ruled out the possibility of direct elections to choose the president of the republic modeled on the U.S. because of the current system and not a parliamentary presidential proven difficult to make changes in the Constitution to apply such proposals .

Article 72 of the Constitution reads as follows: " A - The mandate of the President of the Republic of the end of the session the House of Representatives " to continue the president to exercise his duties until after the elections of the new House of Representatives and the meeting , that the election of a new president within thirty days from the date of the first convening of the Council . "

Committee member Rep. Jinan Prism confirmed that the regime in Iraq is a parliamentary system , not a presidential , namely that the selection of the President of the Republic of the powers of the council members , and that this change it needs to change the constitution .

The Prism in a statement the " morning": that " the subject constitutional change needed to change the constitution , and Iraq in the Constitution State of its parliamentary and parliament is to vote on the president and the prime minister together , and when to change the constitution of a parliamentary system to a presidential system which we can vote on President of the Republic alone , but that it's difficult , "noting that the Constitution in the area of ​​change is very rigid , and it needs to change , and that there is a committee formed eight years ago to change the constitution , but failed to reach a solution.

But stressed the difficulty to be consensus on the position of President of the Republic within a month of the first sessions of the new council , saying in this regard : "We have seen in more than a parliamentary election delayed naming the president more than a month to its dependence on Negotiations and coalitions between the blocks , and not on the position of President of the Republic , but at all positions , "pointing out that the position of President of the Republic of Iraq ceremonial position in the Constitution , and we need if we want to change the constitution to be put to a referendum and if they objected to the three provinces of change is a failure.

The thinker Mohammed Abdul-Jabbar carp have believed that "the Iraqi constitution to grant the state a deadline to choose a new president thirty days so as not to enter the country in a constitutional vacuum , a period not too bad , but what if the Board was unable to do so during the period mentioned , in particular , said the council can not fulfill this requirement because of the complexities of the Iraqi political process on the basis of the existing quota system error interoperability . "

The Carp : " Why can not I use the model American that separates the parliament's mandate and the mandate of the president , and we can do the same thing and disengagement Constitutional between the President and Parliament , any conduct two types of elections , elections for president and the elections for the House of Representatives and in the dates preferred to be different ," noting that " it needs to be a constitutional amendment , of course , and this could become possible if a majority of the House of Representatives adopted a new project of political reform and constitutional includes this paragraph has been added to the paragraphs referred to in previous articles ."

In turn, between a member of the Legal Committee Mahmoud Hassan said the choice of the president of the functions of the House of Representatives alone, because the constitution provides for a parliamentary system and not presidential .

Hassan said in a statement the " morning": that the Constitution grants the right to choose the president to the parliament , which will vote on the candidates for the job , noting that work on the selection of the President of the Republic within a period not exceeding thirty days for a constitutional binding on the new parliament to choose a president of the republic.

He stressed that "the choice of the president of the powers of the Board alone because our parliamentary and not presidential , and can not change it , but to amend the constitution , then it must be a referendum by the people , and unless there is an objection by the three provinces because the vote is a failure then ."

It is said that the legal expert Tareq Harb had described earlier in the bill to determine the state of the three presidencies , passed by Parliament in the past as " unconstitutional " about linking the mandate of President electoral cycle for the House of Representatives .


The war, in a press statement that what happened in the election cycle current terms over the electoral cycle earlier in the month of March last year 2010 has not been elected President of the Republic , except in the month of November of the same year , ie after for up to 8 months from the date of the end of the election cycle earlier , will get in this year , where will end the electoral cycle in 14/06/2014 and is holding the elections and the announcement of the results and approval, and the meeting of the parliament and the election of the speaker of parliament and then be elected President of the Republic again, this will take a period for quite some time , especially if we take the political consensus between the blocs on presidential positions , including the position of President of the Republic , and this will inevitably lead to a presidential vacuum between the dates , the expiry date of the election cycle and the date of the presidential election , and can not be treated the president treated the parliament speaker , as did law and order to the different positions of the legislative from executive positions .

 agreed member of the Legal Committee nice Mustafa with Prism and Hassan , as he said : that the election of the president of the powers of the Council alone and to elect a new president the situation remains as it is , as stipulated in the Constitution .

 added Mustafa said in a statement the "morning" , " may not change this system because our parliamentary under the constitution , the choice of president of the republic will be by the parliament and not the people , "stressing that the Constitution rigid and hardly be amended impossible , so a lot of complications , and that a referendum and presented to the people's needs not to intercept the three provinces on the amendment , if the objection become a modification is not possible.


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