The most important of the judiciary, headed by Mahmoud crimes -2    

أهم جرائم السلطة القضائية برئاسة المحمود -2

The most important of the judiciary, headed by Mahmoud crimes -2 most important crimes of the judiciary, headed by Mahmoud -2 Section: Articles September 4, 2015 2:38 Readers Number: 15   Haidar Hisham

Some pretend here and there, demanding the reform of the judicial system, or the resignation of the head of the judiciary Medhat al-Mahmoud, but did not know most of these, if not all of them the role of the judiciary in all it ended up, and it is one of the initiated dictatorship and Glvha legal cover and Dsturi.ovi a few consecutive articles, reprints Adapted from an academic search-for Amanh-, we will stand on the disaster inflicted by the judiciary, led by Mahmoud Iraq and its political system, and will understand the underlying causes behind the play and the resignation of Mahmoud Judicial Council rejected his request, unanimously.

2. conversion of independent bodies to … belonging to the Prime Minister …      The legislator singled out an entire chapter in the Constitution to regulate the work of the bodies Almstqlh.ala noted that the constitutional provisions it at a time when those bodies listed, proceeded to subject some of them to the control of the House of Representatives, or the text on the responsibility Omamh.venst the BSA association and the board of the media council, The link Endowment Foundation Martyrs Council of Ministers (M103-104), without the text on the link Alokhry.ccant bodies of these bodies proposed by the United Nations Mission, as well as the establishment of the damage to each Silva.oukd authority reported on the establishment of the Iraqi public the Authority for the services of radio No. 66 for the year 2004 , that the meaning of independence is the (financial, editorial and managerial ability to exercise work without submitting to the influence or control of the government) (Almadh2-5), also ordered included the establishment of the Independent Electoral Commission of Iraq No. 92 for the year 2004 that the Commission be (independent of the branches of the executive, legislative and judicial government)

(Article 3 -1). The some researchers argued that the tendency of States to create such bodies resulting from the desire to win the confidence of citizens to policies adopted, also went to “the impartiality in the work of independent bodies ensures its stability and this is essential for the success of its work and effectiveness of the requirement, because stability makes bodies Independent far from the political variables that may affect the political action of the state and also makes them far away from confrontations currents and directives partisan “(Hisham Jamil Kamal Erhim, independent bodies and their relationship with legislative power in Iraq, his doctoral thesis submitted to the Council of the Faculty of Law at the University of Tikrit, 2012, p. 12 onwards. ) .ccant Federal Supreme Court has given an explanatory opinion on the meaning of independence contained in Article 102 of the Constitution, that the members of these bodies are independent and no power above the one of them is the law and they are subject to the control of the House of Representatives (seen interpretative opinion of the Court call (228 / T 6 / 2006)). It also included the texts of the laws governing the work of some bodies that Maaakd, such as text that (the central bank does not receive instructions from any other person or entity, including government entities) (consider article (II-2) of the Central Bank Law).

However, the executive branch of the fact of the matter is he was the management of all of those bodies, and the most prominent example in this context, the appointment of the Director of Financial Control central bank governor, then set the Alaq.okan justification executive branch is that it is the appointing Bolokulh.oather objection to the House of Representatives Cabinet this intervention, the Federal Court was quick to respond to the request of the Prime Minister issued a decision (puts things in perspective) -as stated in the court of Medicine, put the reins of independent bodies, however, the decision of the executive. The court abolished the independence of those bodies on the grounds that she is not one of the three authorities provided for by the constitution, and it has to be to be part of one of these authorities, and the terms of reference need to be determined by the (nature of the tasks carried out by) the Court .vensvet of the principle of independence enshrined constitutionally on the one hand, and text to reference some of those bodies on the other hand, to devise reference base according to the nature of the work Alheiih.ozhpt Court to criticize the constitutional legislator and Taktith explicitly providing that (Mans in the Constitution by linking some of the operational nature of the independent bodies, the House of Representatives is disagreed with the main terms of reference laid down in Articles (61) and (62) of the Constitution, namely the jurisdiction of the legislation and jurisdiction of control over the work of the executive authority and also conflicts with the principle of separation of powers, adopted the Constitution of the Republic of Iraq for the year 2005 in the article (47) of it and disagreed also with what is an ongoing work in the parliaments of the world as to Atnat by the management bodies of operational activities or institutions) (Federal Supreme Court decision 88 \ federal \ 2010.).

It seems that the Court had emptied try its best to produce what (puts things in perspective), he even reached out to criticize the Constitution and Taktith in a constitutional amendment issued by the point of the amendment is not authorized.

Court decision -vdila for violating text Aldsturi- a number of inaccuracies have been included; these independent bodies and not affiliated with any of the three branches of government, as the constitutional legislator singled out for each one of them its own chapter, and a separate chapter is devoted to independent bodies. Despite the looting of the court itself the legislative authority of the Parliament, but the Parliament work is not limited to the legislation only after being entrusted with the work the oversight with nature Altniveh.izad so that the court justifying its decision as well as claiming that the parliaments of the world (for Atnat by the management bodies …), and text constitutional Aichir to manage Parliament for those bodies, but it is subjected to the Council and make them accountable to, not only, a context finds its counterpart in some Dezatir.vkd Find the South African Constitution six institutions to support democracy, provided that (this is an independent institution and not subject only to the Constitution and the law), and the prohibition on (any person or organ of the State to intervene in the work of these institutions), but it nevertheless stated that (these institutions accountable to the National Assembly) and kept her (to submit a report on its activities and performance of functions of the National Assembly once a year at least) (consider article ( 181) of the Constitution of South Africa for the year 1996). The British knew Maaraf (b semi-autonomous bodies), and this expression to be there, “that these bodies are not bound by a government independent of any government,” such as drug Research Council and the board of Radio France like Albraitanih.uarvat These bodies have been established the first independent commission in 1941 and is the Oversight Committee on the banks, and established later other independent bodies such as the National Committee for Communications and Freedom, emerged after several committees, including the Committee of pluralism and transparency CTP. The most important independent bodies in the United States, the FOMC ETS and the Commission Nuclear Regulatory SES and the Environmental Protection Agency EPA (Hisham Kamal Erhim beautiful, independent bodies and their relationship with legislative power in Iraq, op. cit., p. 12.).

The court in its decision to the above-mentioned, Ocklt some laws issued by the House of Representatives and for the organization of work of some independent bodies, such as the UN High Commissioner for Human Rights, and the Law on Service Federal Council, because it is linked to those bodies the House of Representatives, and I went to the absence of a constitutional provision authorizing it! It is ignored. With the text of the constitutional independence of those bodies on the one hand, or that which provides for the linking some of the House of Representatives on the other hand, and made it all subsidiary bodies of the Council of Ministers, even those that may develop in the future on the basis of Article (108). In addition to all of the above, it can not be imagined that the board such as the National Security Council for the strategic policies that have already been proposed, in that selection and the terms of reference of the above, the board of belonging to the Council of Ministers. And can not well imagine undergo some bodies of the Council of Ministers, Kalrkabah ones such as the board of integrity, or impartiality independent Kmufodah Supreme for the elections, which provided for the selection and exempt the members of the Board of Trustees, where the House of Representatives (consider Article (3-II) of the Electoral Commission Act elections No. 11 of 2007). , which was among its terms of reference (the right to question officials of independent associations … has relieved an absolute majority) of Article (61-VIII \ e), but I doubt that those who have the appointment, is who owns Aezzl.oama the focus of political power, however, the executive branch means “Hvot glare of democracy” in a country like France (Dr. Amer Hassan Fayyad, concentrate political power and Hvot glare democracy, Journal of Political Science, No. 34, 2007), it means in Iraq to lead the executive branch two branches, according to the reports of the Office of Financial Supervision, the list of actors violation of the laws in the various activities (consider the reports of the Court Snoat2012-2013mthela published on its link       Thus, the Federal Court be, it had abolished the principle of separation of powers in Iraq, and undermined the pillars of the parliamentary system provided for by the Constitution, and made subject to all authorities or an executive authority, but specifically to the Prime Minister. Thus the political system in Iraq’s transition to a presidential system on the Arab way, where the President of the Republic is to be the ruling ordering. If the Federal Court has succeeded in issuing decisions, put things in perspective, he wants Mr. President, it has not been able to complete the required achievement of his desire to amend the Constitution and the text formally to adopt a presidential system, the desire that shared it with Erdogan in Turkey, and that stick out Massoud Barzani in Arbil, other than the desire of other Kurdish parties in transforming the system of government in the province to a parliamentary system.   Will some of raising banners demanding the transfer system to a presidential system in Iraq Kmtalib conceivable (reform) … the fact that the goals behind these slogans, and is the one who filed the first time and called out?

Only Tzkir..raja Manscher in 2009   (Al-Maliki, fueling speculation about his ambitions for his criticism of consensual democracy .. Congress: the presidential system the shortest path to dictatorship, so we opted parliament) on   (Talk about Maliki’s preference for a presidential system to parliamentary was not welcome)   This Mavhmh some wise people in 2015   Is al-Maliki will return to power by applying a presidential system?       Note: You can review embedded decisions of the Federal Court on the site Haidar Hisham – Nasiriyah

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