Follow-Aware
The decisions of the Iraqi Federal Court, No. 9/Federal/2023 and No. 237/Federal/2023, received Tunisian praise, which considered them an example of the role of the fair constitutional judiciary and the balanced foundation for building civilized countries.
To receive more news, subscribe to our channel on Telegram
Al-Qassim Ben Ashour from the University of Sousse in the Republic of Tunisia says in an article that touched on the two decisions: “Only today my feeling of confidence and pride has deepened from the first moment I laid eyes on the joints of two pearl necklaces, arranged with skillful craftsmanship, deep thought, and a spirit that comprehends conflicting desires and formulates them in the form of objectivity with relaxation.” And peace of mind without hesitation, trembling, hope for praise, or fear of intimidation.
He added, “A few days ago, I was drowning in waves of frustration, anticipating the arrival of despair, and then the true dawn broke out from among the rocks of the brutal night. I am not exaggerating if I say that these two decisions have adjusted the crooked scales! They have removed from this muddy path the piles of accumulated waste!!! And they have returned to everyone.” He freed his prestige! And he gave every nobleman a glimmer of hope for a respectable life.
He continues, “The two decisions established within them a set of solid principles and a systematic sequence of the facts of the pleading, and they reviewed in a balanced and fair manner the defenses of the opponents, and were distinguished by deep reasoning, clear significance, solid argument, with an in-depth jurisprudential breath, demonstrated by the breadth of judicial horizons, with the sobriety of justice and precision of a professional who understood the philosophical foundations founding for the legal texts, staying away from all distance.” From the traditional method adopted in formulating decisions in similar circumstances, as it goes beyond what is conventional in this arena, to the point that I am permitted to truly portray them as if each one of them is (a painting by a creative artist and a series of rings that I have reserved that take each other’s reservation).”
He continues in his speech, “But now, my certainty has doubled and my belief has been strengthened that those who ascend this platform are figures with enlightened, jurisprudential understandings that have been impossible with precise legal concepts. The word of the constitution and the law has been said in (non-constitutional or administrative practices and wrong illegal applications involved in the management of some important joints in the state that has passed through the country.”) The pursuit of the public interest to achieve narrow personal interests and desires has tampered with every good foundation until it almost distorts reality, monopolizes the truth, and closes to the official every ear and hearing until he becomes his kiss, which he sees no other and does not turn to other than it. For the truth and the truth, the truth moves with it wherever it turns, until the ugly back almost becomes a comfortable face. There’s no strength except with Allah)”.
He continues, “Two decisions were truly credible and practical with the utmost simplicity and clarity. The non-specialist can sense their value and feel their effects in order to restore balance and vitality to the appetite of the interested person and to the specialist (Glory be to Him who revives the bones while they are in ruins).”
Ben Ashour adds, “Let us be fair, it is clearly stated that these two decisions should be studied in the most prestigious universities, not only for their uniqueness, but also for the importance of their effects on society, employment, the system, building the state, respecting specialization, strengthening the principle of separation of powers, cooperation and complementarity between them, and not monopolization and exploitation under any title, no matter how subtle or subtle. Their kindness and, in the end, they sent a message of reassurance that this earth is still fruitful with competence, genius, and conscience.
And the conscious ear blessed those hands and minds that produced and created.”
Resolution No. 9/Federal of 2023 included that the head of any party forcing the candidates affiliated with him to submit resignation requests, retain them, and use them whenever he wants violates constitutional principles and values and the provisions of Articles (5, 6, 14, 16, 17, 20, 39, and 50) of the Constitution. It is a major deviation in the democratic process from its correct path that most parliaments of the world are not accustomed to, and the will of the people, represented by the Iraqi Council of Representatives, cannot in any way be reduced to the personality of the Speaker of Parliament.
While Federal Resolution 237 of 2023 included the obligation of the President of the Republic, in addition to his job, to issue and publish the law regulating the work of advisors, voted on by the House of Representatives in session numbered (35) on 5/15/2017, based on the provisions of Article (73/Third) of the Constitution of the Republic of Iraq. For the year 2005, a final decision binding on all authorities.
