Head of the Supreme Judicial Council: The Iraqi constitution authorizes the “emergency government”

politicsbreakingFaeq ZaidanSupreme Judicial Councilemergency government

 2022-04-09 08:55A-AA+

Shafaq News/ The head of the Supreme Judicial Council, Faeq Zaidan, confirmed on Saturday that the Iraqi constitution permits the declaration of an “emergency government” despite the absence of an explicit text for that, noting that “the caretaker and emergency government” came within the context of the constitutional articles.

Zaidan wrote in an article followed by Shafak News Agency; The meaning of a particular phrase on the intent of the constitutional legislator may be explicit so that there is no possibility of its conflict, and this phrase is described as being explicit on the intended meaning. Before others, and here it is said that this phrase is apparent in this meaning, so the text that indicates one meaning is described as an explicit text, as it is explicit in this meaning and has no other meaning.

The head of the Supreme Judicial Council added; “Each word has its basic meaning and contextual meaning. It is the context that determines the meaning of the sentence and has a great impact in determining the exact semantics of the word, and by means of it, the words of the language transcend their familiar semantic boundaries to produce new connotations, as it is sometimes difficult to determine the meaning of the word because the word does not carry in itself an absolute connotation. The context is what determines its true significance, and the semantic value of the word lies in its meaning, and the meaning is the relationship between the utterance and the signified, and accordingly, the change in meaning occurs whenever there is any change in the basic relationship.

He continued, “It can be said that each word has a lexical meaning that represents its true meaning and another meaning according to customary use. For example, the term (caretaker government) is currently circulating, while there is no literal text in the Constitution of the Republic of Iraq for the year 2005 with this name, but it is mentioned in Article (61). / eighth / d) of it (in the event of a vote of no confidence in the entire cabinet, the prime minister and ministers continue in their positions to manage daily affairs for a period not exceeding thirty days until the formation of the new cabinet) as well as stated in Article (64/second) of the constitution (The President of the Republic, upon dissolving the House of Representatives, calls for general elections in the country within a maximum period of sixty days from the date of the dissolution, and the Council of Ministers in this case is considered resigned, and continues to run daily affairs). 

He added that “in both articles, the intent of the phrase (the Council of Ministers) is to denote (the caretaker government) according to the contextual and customary meaning that reaches the mind of the reader. The same case applies to what is used in the term (emergency government) and here too there is no explicit text With this name, it is stated in Article (61 / ninth) of the Constitution (A- Approval of a declaration of war and a state of emergency by a two-thirds majority, based on a joint request from the President of the Republic and the Prime Minister. C- The Prime Minister is given the necessary powers that enable him to run the country’s affairs During the period of declaring war and a state of emergency, these powers shall be regulated by law, in a manner that does not conflict with the Constitution.)

Zaidan concluded that “from this text, the apparent meaning of the phrase (Prime Minister) contained in that article is the indication of the (emergency government) that exercises the necessary powers to manage the country’s affairs during the period of the declaration of war and the state of emergency, according to the contextual meaning of the sentence and the customary use of this phrase. “.


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