Friday, April 2, 2010

Political first : the constitutional steps for the election and the formation of the governing bodies of the three


April 3, 2010

Political first : the constitutional steps for the election and the formation of the governing bodies of the three

بغداد- الصباح BAGHDAD - morning

The Constitution in Chapter III of mechanisms and methods of election and the formation of the governing bodies of the three in sequence. ونظم الدستور هذه المراحل كالتالي: Systems and the Constitution of these stages are as follows:

السلطات الاتحادية Federal authorities

المادة (47): Article (47):

Consists of the federal authorities, from the legislative, executive and judicial, shall exercise their competencies and tasks on the basis of the principle of separation of powers.

مجلس النواب House of Representatives

المادة (54): Article (54):

Invite the President of the Republic of the House of Representatives to convene by a presidential decree within fifteen days from the date of approval of the results of general elections, held under the chairmanship of the oldest member of the Council to elect a president and two deputies, may not be extended for more than the period mentioned above.

المادة (55): Article (55):

House of Representatives shall be elected in the first session its president, then a first deputy and second deputy, by an absolute majority of the members of the Council, direct, secret balloting.

رئاسة الجمهورية Presidency

With regard to the election of the President of the Republic Constitution has included the following:

المادة (67): Article (67):

The President is the head of state and the symbol of the unity of the nation, represents the sovereignty of the country, and sees to ensure compliance with the Constitution, and maintain Iraq's independence, sovereignty, unity, and territorial integrity, in accordance with the provisions of the Constitution.

المادة (68): Article (68):

A candidate for the presidency of the Republic must be:

First: An Iraqi by birth from Iraqi parents.

Second: a full-fledged and completed forty years of age.

Third: a good reputation and political experience, known for his integrity, rectitude, justice and devotion to the homeland.

IV: not convicted of a crime involving moral turpitude.

المادة (69) : Article (69):

First: A law shall regulate the provisions of the nomination for the post of President of the Republic.

Second: A law shall regulate the provisions of a deputy or more for the President.

المادة (70): Article (70):

First: The Council of Representatives shall be elected from among the candidates a president of the Republic, two-thirds majority of its members.

Second: If no candidate receives the required majority, the competition among the candidates obtaining the highest votes, and declared president of the wins a majority of votes in the second ballot.

المادة (71): Article (71):

The President of the Republic, the constitutional oath before the House of Representatives, as stipulated in Article (50) of the Constitution.

المادة (72): Article (72):

First: The president of the Republic of four years, and may be re-elected for a second term.

ثانياً :ـ Second:

A mandate expires the end of the session the President of the Republic House of Representatives.

President of the Republic to continue to exercise his duties until after the elections and the new Council of Representatives meeting, to be elected new President of the Republic within thirty days from the date of the first session of the Council.

It is said that Article (66) reads as follows: "The federal executive authority consists of a head of the Republic, the Council of Ministers and shall exercise its powers in accordance with the Constitution and the law."

مجلس الوزراء Cabinet

And the Council of Ministers on the Constitution specify the following:

المادة (76): Article (76):

First: The president assigns, the candidate of the parliamentary majority in number, the formation of the Council of Ministers within fifteen days from the date of the presidential election.

Second: The Prime Minister-designate, to name members of his ministry, during a maximum period of thirty days from the date of the assignment.
Third: The president assigns a new nominee for the Presidency of the Council of Ministers within fifteen days, if the prime minister assigned form the cabinet during the period specified in clause "Second" of this article.

IV: The Chair of the Council of Ministers in charge, names members of his cabinet and its ministerial platform to the Council of Representatives, and is in possession trust, upon approval of the individual Ministers and the ministerial program, an absolute majority.

Fifth: The President of the assigning of another candidate to form the government within fifteen days, if not win confidence.

المادة (77): Article (77):

First: It is stipulated in the Prime Minister as required in the President of the Republic, and to have a university degree or equivalent, and over thirty-five years of age.

Second: The conditions in the minister as required in the House of Representatives member, and have a university degree or its equivalent.

المادة (81): Article (81):

First: The President of the Republic, the acting prime minister, when the position is empty for any reason.

Second: If the case provided for in clause "First" of this Article, the President shall charge another nominee to form the ministry, within a period not exceeding fifteen days in accordance with the provisions of Article (76) of this Constitution.

It is worth noting that the Federal Court has interpreted the biggest bloc as a cluster consisting of a list of one or two lists at the time of first session of the new Council of Representatives, according to a statement released on 25 of the current month (the day before one of the final results were announced by the Electoral Commission for elections ). According to Article (93), the Federal Supreme Court jurisdiction, including the following: "First: Oversight of the constitutionality of laws and regulations in force, II: interpreting the provisions of the Constitution."

alsabah