إشكاليات تحديد الجهة المختصة بالفصل في صحة عضوية أعضاء مجلس النواب | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 14, Issue 1, May 2023, Pages 85-115 PDF (619.92 K) | ||
| Authors | ||
| أ.د.شورش حسن عمر; خضر حاجى رسول | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| There is a problem in the position of the constitutions regarding defining the competent authority to adjudicate the validity of the membership of the members of the House of Representatives, since this issue interferes in resolving it the legislative authority or the judicial authority or both together, therefore, in this research we have tried to clarify the position of the constitutions in this regard and to reach the appropriate constitutional solution for that. This study was divided into two independent sections, the first includes the definition of the ruling on the validity of the membership of the members of the legislative authority, and in it we dealt with the concept of the ruling on the validity of the membership of members of the legislative authority with a statement of the position of constitutional jurisprudence on the ruling on the validity of membership, while the second section includes a statement of the position of all Egyptian and Iraqi legislation On adjudicating the validity of the membership of members of the House of Representatives. The constitutions go to three directions when specifying the competent authority to decide on the validity of membership. The first assigns this matter to the legislative authority and the second assigns it to the judicial authority. As for the third direction, it goes to the fact that deciding on the validity of membership is a common competence between the legislative and judicial authorities. And that the Egyptian Constitution of the year (2014) amended decided to give the task of adjudicating the validity of membership to the judiciary, because of the guarantees it provides of impartiality, independence, and distance from partisan and political currents, while the Constitution of the Republic of Iraq for the year (2005) assigned the task of adjudicating the validity of membership to the House of Representatives, with the possibility Challenge the decision issued by him before the Federal Supreme Court within thirty days as well. | ||
| Keywords | ||
| membership validity; appeal mechanism; competent authority; parliament; judiciary | ||
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