tag:blogger.com,1999:blog-1953410733493889728.post6723590885473809148..comments2024-02-29T12:38:32.191-08:00Comments on MUSINGS ON IRAQ: Iraq’s 2021 Election Faces Another Dilemma As Judge RetiresJoel Winghttp://www.blogger.com/profile/09611810110771744360noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-1953410733493889728.post-50646711408014212662020-10-26T12:38:16.644-07:002020-10-26T12:38:16.644-07:00All this is correct, but this is about the legisla...All this is correct, but this is about the legislative framework that governs the elections not about the election process and results, i.e., the Federal Supreme Court job isn’t resolving disputers that that arise about the election, but only ratifying the results after costs and disputes are resolved by IHEC and the Judicial Review Committee under the Higher Judicial Council.<br /><br />For the 2010 examples, this is part of the Federal Supreme Court jurisdiction set in Article 93 - 3rd of the Constitution: “settling matters that arise from the application of the federal laws, decisions, regulations, instructions, and procedures issued by the federal authority. The law shall guarantee the right of direct appeal to the Court to the Council of Ministers, those concerned individuals, and others”. And the examples of 2020 were disputes about the application of Law of CoR Elections and the Law of the Accountability and Justice Commission not about the results of the elections. <br />Humam Misconehttps://www.blogger.com/profile/03289739455299640232noreply@blogger.comtag:blogger.com,1999:blog-1953410733493889728.post-29720994731476498362020-10-24T17:34:16.548-07:002020-10-24T17:34:16.548-07:00I got the two judges mixed up.
As for the Suprem...I got the two judges mixed up. <br /><br />As for the Supreme Court and election disputes there are just a few examples. In 2009 the Speaker of Parliament went to the Supreme Court to set a date for the 2010 elections because of disputes amongst MPs. The 2010 election law was also brought before the Supreme Court by the Election Commission over the Accountability and Justice Commission attempting to ban some candidates and was also brought before the court over the distribution of seats. When candidates were banned they appealed to the Supreme Court. After the 2010 election Maliki went to the Supreme Court for a definition of what the largest bloc meant to form a govt. Joel Winghttps://www.blogger.com/profile/09611810110771744360noreply@blogger.comtag:blogger.com,1999:blog-1953410733493889728.post-5891391838940086692020-10-23T08:31:39.533-07:002020-10-23T08:31:39.533-07:00Judge Farouk Mahmoud Mohammad Hussain Al Sami reti...Judge Farouk Mahmoud Mohammad Hussain Al Sami retired in December 2019 while Judge Abboud Salih Al Tamimi passed away on October 11th 2020. Please correct.<br /><br />Saying that “the judges would resolve any disputes that might arise over the votes” is incorrect. Article 93 sets the jurisdiction of the Federal Supreme Court, and and sub-article 7th stipulates “Ratifying the final results of the general elections for membership in the Council of Representatives”. Accordingly, the Federal doesn’t resolve disputes, but just ratifies the final results of the CoR elections. Resolving disputes is the job of a special judicial review committee under the Higher Judicial Council. Please correct <br />Humam Misconehttps://www.blogger.com/profile/03289739455299640232noreply@blogger.com