Legal Organization of the Accusation Against the Head of the Parliament
DOI:
https://doi.org/10.62951/ijls.v2i2.345Keywords:
Accusation of the Head of the Parliament, Questioning of the Head of the Parliament, Responsibility of the Head of the ParliamentAbstract
One of the most important legal challenges is accusing the Head of Parliament, especially in light of the Republic of Iraq's 2005 Constitution. This fact results from the fact that, because it targets the accusing organization, it is the only constitution administered democratically. Internal regulations will be utilized to establish the legislative authority as he is the head of it, provided that they do not conflict with the provisions of the constitution. The study's goals of identifying, discussing, and resolving the most significant legal concerns in this case—drawing on the Iraqi constitution and the laws that attempt to call all matters relevant to the subject of accusation—thus highlight the study's significance. “especially in light of what the Iraqi constitutional legislator has neglected to address the questioning or dismissal of the Head of the Parliament and the reasons that require that.
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References
Quranic Verses
Quran 37:24 (Surat As-Saffat).
Quran 17:34 (Surat Al-Isra).
Dictionaries
Ibn Manzur. (1994). Lisan al-Arab (Vol. 11, 3rd ed.). Beirut, Lebanon: Dar Sadir Publications.
Ibn Manzur. (2002). Lisan al-Arab (Vol. 13, 1st ed.). Beirut, Lebanon: Dar al-Kutub al-Ilmiyyah.
Books
Ahmad, H. A. M. (1995). Objective and procedural parliamentary immunity from the criminal point of view (2nd ed.). Cairo: Dar Al-Nahda Al-Arabiya.
Al-Asadi, H. M. H. (2012). Dismissal of the President of the Republic in case of high treason. Amman: Asfaa Publishing and Distribution House and Dar Al-Sadiq Cultural Foundation.
Al-Haidari, J. (2010). Criminal liability provisions. Baghdad: Al-Sanhouri Library.
Al-Haidari, J. I. (2010). Provisions of criminal liability (1st ed.). Baghdad: Al-Sanhouri Library and Zain Legal Publications.
Al-Safo, N. A. (n.d.). Definition of criminal responsibility. Lecture notes for second-year students at the College of Law, University of Mosul.
Al-Shawi, M. (2001). General voting. Baghdad: Justice Publications.
Al-Shawi, T. (1958). Criminal liability in Arab legislation. Cairo: Institute of International Arab Studies, Department of Legal Studies.
Ashour, E. J. (2020). Limits of liability for a member of the Iraqi Council of Representatives in light of parliamentary immunity. Journal of Legal and Economic Research, 3(1).
Bahnassi, A. F. (1961). Criminal liability in Islamic jurisprudence. Cairo: Dar Al-Qalam.
Hosni, I. M. (2008). Responsibility of the Head of State: A comparative study (The French system, the Egyptian system, the Islamic system). Cairo: Dar Al-Nahda Al-Arabiya.
Nuwaiji, M. F. (2002). Responsibility of the Head of State (PhD thesis). Cairo University.
Shabr, R. K. (2012). Separation of the executive and legislative authorities in the parliamentary system in Iraq (1st ed.). Baghdad: Al-Sanhouri Library.
Shams El-Din, A. T. (2009). Explanation of the criminal procedure law (1st ed.). Cairo: Dar Al-Nahda Al-Arabiya.
Talib, M. A., & Khalaf, F. E. (2017). Responsibility of the Speaker of the Council of Representatives in the Constitution of the Republic of Iraq for the year 2005: A comparative study. Journal of Legal Sciences.
Constitutional Texts
Iraqi Constitution of 2005, Article 19(2).
Iraqi Constitution of 2005, Article 50.
Iraqi Constitution of 2005, Article 52.
Iraqi Constitution of 2005, Article 61(Sixth).
Iraqi Constitution of 2005, Article 63(Second).
Iraqi Constitution of 2005, Article 93.
Texts of the Laws
Council of Representatives and its Formation Law No. 13 of 2018, Article 10(Sixth).
Internal Regulations of the Iraqi Council of Representatives No. 1 of 2022, Article 20.
Internal Regulations of the Iraqi Council of Representatives No. 1 of 2022, Article 12(Second) (as amended).
Iraqi Penal Code No. 111 of 1969, Article 1 (as amended).
Law on Replacing Members of the Council of Representatives No. 6 of 2006, Article 1(Second) (as amended).
Federal Court Decisions
Federal Supreme Court. (2023, November 24). Decision No. 9/Federal/2023.
Karkh Misdemeanor Court (Integrity Cases). (2024, March 5). Decision No. 25/C/2024.
Websites
Federal Supreme Court of Iraq. (n.d.). Retrieved from https://www.iraqfsc.iq/index-ar.php
Iraqi Parliament. (n.d.). Retrieved from https://iq.parliament.iq/
Rights University of Mosul. (n.d.). Retrieved from www.rights.uomosul.edu.iq/files
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