The President of the Federal Supreme Court, Judge Jassim Muhammad Abboud Al-Amairi, stressed today the necessity of distancing the political process from sectarian or national quotas, stressing that the election law is the basis of true parliamentary representation that expresses the spirit of the constitution.
The official News Agency quoted Al-Amairi as saying, in his speech during the Iraqi Constitutional Judiciary Forum held at the College of Law, University of Baghdad: ‘The Republic of Iraq is a single, independent federal state and its system of government is republican, representative, parliamentary, and democratic, in accordance with what is stated in Article One of the Constitution.’
He added, “The system of government in Iraq is based on the basis that the people are the source of powers and their legitimacy is exercised by direct, public, secret ballot and the existence of its constitutional institutions based on the provisions of Article Five of the Constitution, and on the principle of peaceful
transfer of power through democratic means stipulated in the Constitution based on the provisions of Article Six thereof and it is necessary to provide all guarantees that enable all citizens, men and women, to participate in public affairs and enjoy political rights, including the right to vote, elect, and be nominated, in accordance with the provisions of Article 20 of the Constitution.’
He added, “The democratic system in Iraq is also based on the freedom to establish or join associations and political parties, and no one may be forced to join any party, association, or political entity or forced to continue membership in it based on the provisions of Article Thirty-Nine of the Constitution.” It is not permissible to restrict or limit the exercise of any of the rights and freedoms mentioned in the Constitution except by or based on a law, provided that such limitation or restriction does not affect the essence of the right or freedom based on the provisions of Article Forty-Six of the Constitution.’
He n
oted that “the methods of practicing the democratic process in Iraq are based on the principle of peaceful transfer of power and that this is achieved by applying the principle of periodic elections in a way that ensures the correct implementation of the democratic system and not just legal texts in order to reach the democracy of the people and not Democracy of the ruling authority.
He pointed out that ‘the aim of the principles included in the constitution is to transmit the basic rules for the way the state is organized and the formation of its government, the basic rights that must be implemented, the basic principles that direct and rationalize the electoral system, the rights of citizens to practice democracy, and the role of political parties, and electoral authorities.
He explained, ‘The election law is the basis for true parliamentary representation that expresses the spirit and values of the effective constitution. If the correct means are available to achieve sound parliamentary representation, t
he political and legislative process will be advanced and successful, given that the House of Representatives is the true representative of the will of the people.’ The people who are responsible for legislating laws and monitoring the performance of the executive authority.’
He continued, “The House of Representatives must be a true expression of the will of the people, and it must also take into account when legislating any electoral law the extent to which the Constitution is fulfilled in implementing the will of the people through that law, in addition to the fact that the electoral legal system is one of the most important components.” Conducting the electoral process, which includes the constitution, the electoral law, and related laws, the political parties law, the member replacement law, the law of the Independent High Electoral Commission in Iraq, and others.
He continued, “The political system in Iraq is based on party pluralism based on the provisions of Article Thirty-Nine of the Constitution,
which stipulates the freedom to establish or join political associations and parties,” indicating that “pluralism aims to deepen democracy in a real way, and that will be in The framework of Article 20 of the Constitution, which stipulates the right of citizens, men and women, to participate in public affairs and enjoy political rights, including the right to vote, elect, and be nominated.’
He continued, “Party pluralism must be a means adopted by the constitutional legislator to achieve a democratic system that is representative of all the Iraqi people,” noting “the importance that the goal sought by these parties, in light of their electoral programs, be a noble national goal and an interest based on The highest interest of the Iraqi people is to achieve the principle of peaceful transfer of power, fair distribution of wealth, the principle of equal opportunities for all, and distancing the political and democratic process from sectarian, national, or political quotas.
He noted that “the principle of demo
cracy is based on the rule of the people themselves, away from tyranny and oppression of others, and away from violating the people’s political, economic, social and cultural rights. If democratic systems do not lead to achieving the principle of peaceful transfer of power in a real way, then they are democracy of the ruling political system, not democracy of the people.’
He pointed out that ‘sovereignty is the law, and the people are the source of authority, so whoever is in charge of managing the file, whether at the federal or regional level, or at the level that concerns the governorates not organized into a region, must be a true representative of the Iraqi people,’ stressing that ‘ the stability of the state is maintained by the establishment of the laws of justice.’
He concluded, ‘It is a great honor for us to be in this great national historical edifice represented by the College of Law at the University of Baghdad,’ praising ‘all those responsible for the forum.’
Source: National Iraqi News Agenc
y