THE LEGAL STATUS OF THE FIRST DEPUTY SPEAKER OF THE IRAQI COUNCIL OF REPRESENTATIVES
Abstract
The legal status of the First Deputy Speaker of the Iraqi Council of Representatives, or as it is called (member of the Presidency), is considered one of the essential sovereign positions in the structure of the government system due to its impact on decision-making, whether in the legislative, administrative or even political aspects. Despite this, the texts regulating this position were ambiguous and unclear, in addition to the lack of a unified direction in the directions of the Federal Supreme Court in this direction. Also, defining the tasks and duties of the First Deputy Speaker of the Council of Representatives is essential, especially in cases where the presence of the president is impossible, as he is the one who replaces him in this case.
The lack of studies in this aspect also made us search for it to clarify the tasks and duties of this crucial sovereign position. Therefore, we studied the legal status of the First Deputy Speaker of the House of Representatives in terms of the conditions for nomination and election and his role in the legislative and administrative aspects of the House of Representatives. Then, we provided a set of results and recommendations that will benefit researchers in the field of specialization.
Keywords
Legal Status, Iraqi Council of RepresentativesHow to Cite
References
- See amended Article (8) of the Iraqi Parliament Elections Law No. 9 of 2020.
- Ali Rahi Musa Al-Quraishi, Legislative Regulation of the Resignation of the Speaker of the Council of Representatives and His Deputies in the Constitution of the Republic of Iraq 2005, p. 11.
- Dr. Saeed Youssef Al-Bustani, Nationality in the Legislation of Arab Countries, Al-Halabi Legal Publications, Beirut, 2003, p. 23.
- Ibtihal Karim Abdullah, Popular Referendum (Comparative Study), Master's Thesis Submitted to the College of Law, University of Babylon, 2003, p. 89.
- Article 8/First of the Iraqi Parliament Elections Law No. (9) of 2020.
- Dr. Dawood Al-Baz, The Right to Participate in Political Life, Dar Al-Nahda Al-Arabiya, Cairo, 2020, p. 733.
- Dr. Saleh Jawad Al-Kadhim and Dr. Ali Ghaleb Al-Ani, Political Systems, Al-Mansouri Library, Baghdad, 1090, p. 28.
- Article (54) of the Constitution of the Republic of Iraq for the year 2005.
- Article (55) of the Constitution of the Republic of Iraq for the year 2005.
- Dr. Ali Hadi Hamidi, Contemporary Political Systems, University of Babylon, College of Law, pp. 44, 45.
- Dr. Hamid Hanoun Khalid, Federal Authorities in the Constitution of the Republic of Iraq for 2005, Journal of Legal Sciences, College of Law, University of Baghdad, Issue 1, 2009, p. 38.
- Article (2, 3, 4, 5) of Nationality Law No. 26 of 2006, Iraqi Gazette, Issue 2019.
- Dr. Saleh Jawad Al-Kadhim, Political Systems, Al-Mansouri Library, Baghdad, 1990, p. 28.
- Article (4) of the Iraqi Council of Representatives Internal Regulations No. (1) of 2022.
- Article 9 First of the Internal Regulations
- Article 9/ Second of the Iraqi Council of Representatives Internal Regulations No. 1 of 2022.
- Article 9/ Fourth / Eighth of the Iraqi Council of Representatives Internal Regulations No. 1 of 2022.
- See the text of Article (128) of the Internal Regulations of the Iraqi Council of Representatives No. 1 of 2022.
- See the decision of the Federal Supreme Court No. 87/ Federal / 2010 issued on 12/2/2010.
- Dr. Musaddiq Adel, Constitutional Judiciary in Iraq, an applied study of the role of the Federal Court in monitoring the constitutionality of laws and interpreting the texts of the Constitution of the Republic of Iraq for the year 2005. Al-Sanhouri Library, Beirut, 2017, pp. 130-131.
- Dr. Adnan Ajil, Constitutional Law, General Theory of the Constitutional System in Iraq, 2nd ed., 2013, p. 67.
- Rashid Al-Madwar, Characteristics of Oversight of the Constitutionality of Internal Regulations and its Approach in Moroccan Application, a study published in the Kuwaiti Journal of Law, Kuwait, Issue 1, Year (32), p. 315.
- Dr. Suleiman Al-Tamawi, The Three Authorities in Arab Constitutions and Islamic Political Thought - A Comparative Study - 2nd ed., Dar Al-Fikr Al-Arabi, Cairo, 1973, p. 458.
- For more, see the text of Article (9) of the Internal Regulations of the Iraqi Council of Representatives No. 1 of 2022.
- 25 - See the decision of the Federal Supreme Court No. 9 of 2009 issued on 2/5/2009 published in the collection of rulings of the Federal Supreme Court for the years 2008/2009, Volume II, April 2011, p. 20.
- 26 - Article (49) of the internal regulations of the Iraqi Council of Representatives No. 1 of 2022.
- 27 - Ismail Fadhel Halwas, The legal nature of the decisions of the Iraqi Council of Representatives - a combined study - a doctoral thesis submitted to the College of Law, University of Nahrain for 2015, p. 217.
- 28 - Dr. Anwar Al-Khatib, Parliamentary Principles, Beirut, Lebanon, without year of publication, p. 60.
- See the text of Article (64) of the Iraqi Council of Representatives Law No. 13 of 2018, as amended.
- Article (53/First) of the Iraqi Council of Representatives Law No. (13) of 2018 as amended.
- Article (49) of the Iraqi Council of Representatives Law No. (13) of 2018 as amended.
Sources:
- Dr. Anwar Al-Khatib, Parliamentary Principles, Beirut, Lebanon, without publication year.
- Dr. Adnan Ajil, Constitutional Law, General Theory of the Constitutional System in Iraq, 2nd ed., 2013.
- Dr. Ali Hadi Hamidi Al-Shakrawi, Contemporary Political Systems, University of Babylon, College of Law.
- Ali Rahi Musa Al-Quraishi, Legislative Organization for the Resignation of the Speaker of the Council of Representatives and His Deputies in the Constitution of the Republic of Iraq 2005.
- Dr. Dawood Al-Baz, The Right to Participate in Political Life, Dar Al-Nahda Al-Arabiya, Cairo, 2020.
- Dr. Saleh Jawad Al-Kadhim and Dr. Ali Ghaleb Al-Ani, Political Systems, Legal Library, Baghdad, 1991.
- Dr. Saeed Yousef Al-Bustani, Nationality in the Legislation of Arab Countries, Al-Halabi Legal Publications, Beirut, 2003.
- Dr. Suleiman Al-Tamawi, The Three Authorities in Arab Constitutions and Islamic Political Thought - A Comparative Study - 2nd ed., Dar Al-Fikr Al-Arabi, Cairo, 1973.
- Dr. Musaddiq Adel, Constitutional Judiciary in Iraq, An Applied Study of the Role of the Federal Courts in Supervising the Constitutionality of Laws and Interpreting the Texts of the Constitution of the Republic of Iraq for the Year 2005. Al-Sanhouri Library, Beirut, 2017.
Theses and Dissertations:
- Ibtihal Karim Abdullah, Popular Referendum (Comparative Study), Master's Thesis submitted to the College of Law, University of Babylon, 2003.
- Ismail Fadhel Halwas, The Legal Nature of the Decisions of the Iraqi Council of Representatives - A Coupled Study - A PhD Thesis Submitted to the College of Law, University of Nahrain for the Year 2015.
Journals and Periodicals:
- Dr. Hamid Hanoun Khalid, Federal Authorities in the Constitution of the Republic of Iraq for the Year 2005, Journal of Legal Sciences, College of Law, University of Baghdad, Issue 1, 2009.
- Rashid Al-Madwar, Characteristics of Oversight of the Constitutionality of Internal Regulations and Its Approach in Moroccan Application, a Research Published in the Kuwaiti Law Journal, Kuwait, Issue 1, Year (32).
Laws and Decisions:
- Constitution of the Republic of Iraq for the Year 2005.
- Iraqi Nationality Law No. 26 of 2006, Published in the Iraqi Gazette in Issue 2019.
- Iraqi Council of Representatives Elections Law No. (9) of 2020.
- Iraqi Council of Representatives Law No. 13 of 2018 as amended.
- Internal regulations of the Council
- See Federal Supreme Court Decision No. 9 of 2009 issued on 2/5/2009 and published in the collection of rulings of the Federal Supreme Court for the years 2008/2009, Volume Two, April 2011.
- Federal Supreme Court No. 87/Federal/2010 issued on 12/2/2010 published in the collection of rulings of the Federal Supreme Court for the years 2008/2009, Volume Two, April 2011.
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