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description=1 post published by Reidar Visser during December 2014;

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Text of the page (random words):
2014 december iraq and gulf analysis iraq and gulf analysis home about archives august 2015 january 2015 december 2014 october 2014 september 2014 august 2014 july 2014 june 2014 may 2014 april 2014 march 2014 february 2014 january 2014 december 2013 november 2013 october 2013 september 2013 august 2013 july 2013 june 2013 may 2013 april 2013 march 2013 february 2013 january 2013 december 2012 november 2012 october 2012 september 2012 august 2012 july 2012 june 2012 may 2012 april 2012 march 2012 february 2012 january 2012 december 2011 november 2011 october 2011 september 2011 august 2011 july 2011 june 2011 may 2011 april 2011 march 2011 february 2011 january 2011 december 2010 november 2010 october 2010 september 2010 august 2010 july 2010 june 2010 may 2010 april 2010 march 2010 february 2010 january 2010 december 2009 november 2009 october 2009 september 2009 august 2009 july 2009 june 2009 may 2009 april 2009 march 2009 february 2009 january 2009 december 2008 november 2008 october 2008 september 2008 august 2008 july 2008 june 2008 may 2008 april 2008 march 2008 february 2008 january 2008 december 2007 november 2007 october 2007 september 2007 august 2007 july 2007 june 2007 may 2007 april 2007 march 2007 february 2007 january 2007 december 2006 november 2006 october 2006 september 2006 august 2006 july 2006 june 2006 may 2006 april 2006 march 2006 february 2006 january 2006 december 2005 november 2005 october 2005 august 2005 categories basra and southern regionalism 34 de baathification 11 federalism in sunni majority areas of iraq 14 federalism in the middle east 6 iranian influence in iraq 55 iraq regionalism general 27 iraq and soft partition 39 iraq international relations 5 iraq local elections 2013 21 iraq parliament membership 13 iraq parliamentary elections 2014 26 iraq s 2010 parliamentary election 175 iraqi constitutional issues 280 iraqi nationalism 95 kirkuk and disputed territories 47 oil in iraq 46 rule of law 2 sectarian master narrative 55 shiite sectarian federalism 16 uia dynamics 133 uncategorized 59 us policy in iraq leverage issues 67 meta create account log in entries feed comments feed wordpress com my latest book on amazon com from just world books available on amazon com twitter updates tweets by reidarvisser december 2014 m t w t f s s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 oct jan subscribe entries rss comments rss recent posts legality and constitutionality questions in iraq s reform push the federalism dimension in yemen s draft constitution federalism and decentralization in libya s constitutional proposals groundbreaking iraq supreme court ruling on the law on mp replacement after the rise of isis will iraq s shiites secede additional ministers approved for the iraq cabinet the controversial kurdish ministers in the new iraqi cabinet the iraqi parliament fails to approve new security ministers the iraqi parliament approves the abbadi cabinet haydar al abbadi is the new iraq pm candidate maliki the presidency and parliament in the iraq pm nomination battle pm nomination trouble in iraq iraq elects fuad masum as new president for the first time in iraq a large field of presidential candidates the iraqi parliament elects its new speakership archive for december 2014 groundbreaking iraq supreme court ruling on the law on mp replacement posted by reidar visser on tuesday 16 december 2014 20 55 today the iraqi federal supreme court issued a press release indicating the court has changed its interpretation of the principles relating to vacant seats and replacement issues in the iraqi parliament the ruling itself is not yet available on the supreme court website but there is sufficient detail in the press release to gain an impression of the change that has arisen in essence for the first time the court stipulates that the number of personal votes achieved by candidates in the last general election will decide their eligibility to replace mps that vacate their seats for whatever reason normally getting a ministerial job or due to ill health or death it should be stressed that the correctness of the membership of the iraqi parliament sihhat adwiyat is decided by the iraqi parliament itself as a court of first instance with a two thirds majority only in those cases that are appealed does the court system and the law come into play meaning that there have been a significant number of cases where mps continued to hold their jobs because no one appealed their illegal possession of seats to the supreme court but to the extent that appeal cases have transpired only two legal criteria have hitherto been enforced by the supreme court the replacement must come from the same governorate and same political bloc kutla electoral list does not suffice as the mp that is being replaced these principles have been stressed in rulings where a replacement was attempted from a different governorate or a different kutla but at no time have considerations relating to the number of personal votes been part of the legal reasoning indeed in one of the rulings the court explicitly says replacement is governed solely by the law on deputy replacement that dates back to 2006 before the personal vote system had even been adopted ruling 100 of the iraqi federal supreme court from 2011 stipulating the law on deputy replacement as the legal basis for replacing mps today however personal votes are being used to disqualify a replacement candidate who was approved by parliament but had less votes than someone else from his kutla in the same governorate according to the court this has been done with reference to the revised electoral law being most in conformity with the iraqi constitution this interpretation by the court seems quite radical for a country with a strict civil law tradition since words such as replacement and membership don t even occur in the electoral law and since the replacement law which outlines criteria for governorate and kutla but not personal vote is still in force in this way the ruling seems to be of a rather innovative variety similar perhaps to a previous ruling which decreed that principles of democracy dictated iraq must change from the absolute remainder principle to the sainte lague method as basis for its electoral law given the politicized nature of the iraqi judiciary it makes sense to ask about possible political pressures behind this latest decision what happened was that adnan al zurfi a najaf politician who has been in and out of alliances with former pm maliki over the past years returned to his job as najaf governor after having been elected mp whereupon he promptly awarded his vacant seat to his own brother the iraqi supreme court is now clearly acting against the zurfi family and its powerful najaf governor whereas it is good to see the iraqi supreme court apparently standing up against rampant cronyism in the country s political life the theoretical parameters of this latest ruling are sufficiently detached from actual legal texts that it also raises questions about the court s professionalism and overall orientation a more democratic process would have been achieved if the iraqi parliament itself took the trouble of updating the law on candidate replacement to reflect the personal vote system posted in iraq parliament membership iraqi constitutional issues 1 comment create a free website or blog at wordpress com subscribe subscribed iraq and gulf analysis join 203 other subscribers sign me up already have a wordpress com account log in now privacy iraq and gulf analysis subscribe subscribed sign up log in report this content view site in reader manage subscriptions collapse this bar loading comments write a comment email required name required website design a site like this with wordpress com get started