SOP: Iraq Constitution "Delay" Is ILLEGAL Under Their Interim Constitution

[stopbush]

In fact, the National Assembly should - according to the interim Constitution they're operating under - be DISSOLVED!

From Juan Cole:

Monday, August 15, 2005

Now They're moving the Goalpost

Every indication is that a final text of Iraq's permanent constitution just won't be reported out of the drafting committee in time to have parliament vote on it on Monday. Now Iraqi politicians are talking about having parliament amend the interim constitution to allow a delay of say, two weeks. In fact, according to the Transitional Administrative Law, if the committee did not ask for an extension by August 1 (which it was pressured not to do by the Bush administration); and if the parliament did not approve the new constitution by August 15; then parliament should be dissolved.

This is the text::


61 (G) If the National Assembly does not complete writing the draft permanent constitution by 15 August 2005 and does not request extension of the deadline in Article 61(F) above, the provisions of Article 61(E), above, shall be applied. '



So what does 61 (E) say?


' If the referendum rejects the draft permanent constitution, the National Assembly shall be dissolved. Elections for a new National Assembly shall be held no later than 15 December 2005. The new National Assembly and new Iraqi Transitional Government shall then assume office no later than 31 December 2005, and shall continue to operate under this Law, except that the final deadlines for preparing a new draft may be changed to make it possible to draft a permanent constitution within a period not to exceed one year. The new National Assembly shall be entrusted with writing another draft permanent constitution. '

http://www.juancole.com/2005/08/now-theyre-moving-goalpost-every.html

[The_Casual_Observer]

1. Laws are meant to be broken, as long as you're in charge.

[cindyw]

2. I thought they did request an extention.

From what you posted that provision kicks in if they reject the constitution.

[Kagemusha]

3. I saw someone quote earlier on DU an amendment formula

3/4ths of parliament and all the presidential governing council.

If that's true, they can amend it.

I assume we're saying here the dissolvement takes precedence?

[rzemanfl]

4. What does 61(F) say about extending the deadline? That's the

key provision under the circumstances.

[rzemanfl]

5. Oh my! Do you think they will start shooting people or setting off

bombs or stuff like that in protest?

[ChiciB1]

6. HO-HUM! And You Can Bet... No Democrats Are Going To Call

them on the carpet for it! Hey this is normal by now! Rules, Laws, Direction or anything that they should do CORRECTLY NEVER really matters when it doesn't turn out that way!!!!