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Constitutional interpretation of the House of Representatives reputed condition, according to the Constitution of the Republic of Iraq for the year 2005 A legal study to examine the constitutionality of the House of Representatives of a number 01/09/2535 at 03/19/2014 | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 1, 2016, Pages 643-681 | ||
| Author | ||
| A.P.Dr. Adnan Ajel Obeid | ||
| Abstract | ||
| Abstract Night before holding the election of Iraqi Barliament , for the third session Representatives council made a decision,No 1/9/2535 at 19/3/2014 , which stated not to debarring any candidate of elections in case of lacking to the good reputation & manner condition , mentioned in artcle 8/3 of reprisentatives council election's law , and informed the Independent High ElectrolCommission , and denied any other decision contrary with it's interpretation decision . legal crisis with IHEC rised as a consequenc of that decision. Representatves Council made the interpretation because of debarring nomber of reprisentatves from participation in election , by the Council of Comissars , on the ground of lacking to the good reputation & manner condition , ither because of impunity take off riquest reprisented by RC for acusing them in criminal actions or ran away of some of them or because of signatures & files forgery , in the same time , Judicial Institution of Election approved some decisions and appeale the others and brought back some representatives to nomination. To balance this crisis legaly, and find out the legality & constitutionality of RC decision we choosed to study that case , never studied before . We used the extrapolative approach , by moving from part to all , to analize the council decision and motives behind and then to check it's constitutionality , we also compared some of concepts in the constitutions and laws of comparatives states such as U.K , U.S.A , Franc , Eygept. Finally we stated our conclusions ,and our preventive & curative &punishing resolves wich we hopping to be a step in bulding a RC contain well known members , that will affected posetivily in the function of RC. | ||
| Keywords | ||
| Constitutional; Interpretation; Representatives; reputed condition; according to the; Constitution of Iraq for the year; examine; Constitutionality | ||
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