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The formation of local councils in the Iraqi law (Comparative study) | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 7, Issue 2, 2015, Pages 53-109 | ||
| Authors | ||
| Ali Hadi Homeidi AlshakrawyandEsmael Sa; Ghaidan AlbedeiryandRafah karim R. Karbelel | ||
| Abstract | ||
| The importance of elected local councils under the administrative borders, from being authorities proceed with administrative tasks and services that meet the needs and interests of the population, under the control of the central government . This research revealed the importance of the methods of local councils and conditions of the membership, choose the presidency and the period of its mandate . This research explain the importance of functions performed by local councils, but it is determined by the legal framework designed by motivations and political goals, which controls in the mechanism of formation. Also, it determines the terms of reference service and seizure, regulatory, financing, and subdue their work and decisions of censorship. The plan of this research has been divided into three sections dealing with the methods of selecting the members of local councils, the conditions and period of membership, choosing the presidency and the provincial formation of the councils in accordance with the fourth amendment to the Law 36/2008. The important results that have been accomplished : deleting the election’s denominator which violated the Federal Supreme court's decision No. 67/2012 because the court refused lawsuit complainants, and the three persons contained request distribution of vacant seats on the electoral lists, which achieved the highest number of votes was not up to electoral denominator. For the same reasons, the court declared the decision to include unconstitutional the fifth paragraph of the article 13, because taking this will lead the votes of citizens from the candidate whose been voted for to the one who wasn’t elected. This means violation of the constitution. | ||
| Keywords | ||
| The importance of local councils; within the geographical boundaries of being the administrative authorities are often elected; initiate administrative and service functions to meet the needs and interests of its inhabitants; under the control of the central state authority | ||
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