Couple of items of interest from my research regarding the election procedure and the emergency powers.
First the Iraq constitution stipulates the election must be held 45 days prior to the end of the current term for parliament. The term of election is four years and starts on the date of the first session. I have included a news article regarding the selection of the January 30, 2010 date. I have also included the section of the constitution that deals with the dissolution of the existing parliament.
The second section of the constitution that I have posted deals with the procedures for enacting emergency powers. Windreader1
1) Sections of the constitution dealing with the elections
Section Three
Federal Powers
Chapter one
[The Legislative Power]
Article 48:
The federal legislative power shall consist of the Council of Representatives and the
Federation Council.
First: The Council of Representatives
Article 56:
First: The electoral term of the Council of Representatives shall be four calendar
years, starting with its first session and ending with the conclusion of the fourth
year.
Second: The new Council of Representatives shall be elected forty-five days
before the conclusion of the preceding electoral term.
Article 64:
First: The Council of Representatives may be dissolved by an absolute majority of
the number of its members, or upon the request of one-third of its members by the
Prime Minister with the consent of the President of the Republic. The Council
shall not be dissolved during the period in which the Prime Minister is being
questioned.
Second: Upon the dissolution of the Council of Representatives, the President of
the Republic shall call for general elections in the country within a period not to
exceed sixty days from the date of its dissolution. The Council of Ministers in
this case is deemed resigned and continues to run everyday business.
NEWS ARTICLE
Posted on Tue, May. 19, 2009
Iraq pushes back election date
By Robert H. Reid
Associated Press
The election for the 275-member parliament had been expected in December, four years after the current assembly was chosen. But parliament did not hold its first session until March 2006, about three months after the December 2005 election.
Deputy parliament speaker Khalid al-Attiyah said the federal court ruled that the current mandate would last until March 2010 and selected a date 45 days before then.
http://www.philly.com/inquirer/world_us/20090519_Iraq_pushes_back_election_date.html
2) Section of the consitution dealing with Emergency Powers
Article 61:
The Council of Representatives shall be competent in the following:
Ninth:
A. To consent to the declaration of war and the state of emergency by a twothirds
majority based on a joint request from the President of the Republic
and the Prime Minister.
B. The state of emergency shall be declared for a period of thirty days, which
can be extended after approval each time.
C. The Prime Minister shall be delegated the necessary powers which enable
him to manage the affairs of the country during the period of the
declaration of war and the state of emergency. These powers shall be
regulated by a law in a way that does not contradict the Constitution.
D. The Prime Minister shall present to the Council of Representatives the
measures taken and the results during the period of the declaration of war
and the state of emergency within 15 days from the date of its end.
First the Iraq constitution stipulates the election must be held 45 days prior to the end of the current term for parliament. The term of election is four years and starts on the date of the first session. I have included a news article regarding the selection of the January 30, 2010 date. I have also included the section of the constitution that deals with the dissolution of the existing parliament.
The second section of the constitution that I have posted deals with the procedures for enacting emergency powers. Windreader1
1) Sections of the constitution dealing with the elections
Section Three
Federal Powers
Chapter one
[The Legislative Power]
Article 48:
The federal legislative power shall consist of the Council of Representatives and the
Federation Council.
First: The Council of Representatives
Article 56:
First: The electoral term of the Council of Representatives shall be four calendar
years, starting with its first session and ending with the conclusion of the fourth
year.
Second: The new Council of Representatives shall be elected forty-five days
before the conclusion of the preceding electoral term.
Article 64:
First: The Council of Representatives may be dissolved by an absolute majority of
the number of its members, or upon the request of one-third of its members by the
Prime Minister with the consent of the President of the Republic. The Council
shall not be dissolved during the period in which the Prime Minister is being
questioned.
Second: Upon the dissolution of the Council of Representatives, the President of
the Republic shall call for general elections in the country within a period not to
exceed sixty days from the date of its dissolution. The Council of Ministers in
this case is deemed resigned and continues to run everyday business.
NEWS ARTICLE
Posted on Tue, May. 19, 2009
Iraq pushes back election date
By Robert H. Reid
Associated Press
The election for the 275-member parliament had been expected in December, four years after the current assembly was chosen. But parliament did not hold its first session until March 2006, about three months after the December 2005 election.
Deputy parliament speaker Khalid al-Attiyah said the federal court ruled that the current mandate would last until March 2010 and selected a date 45 days before then.
http://www.philly.com/inquirer/world_us/20090519_Iraq_pushes_back_election_date.html
2) Section of the consitution dealing with Emergency Powers
Article 61:
The Council of Representatives shall be competent in the following:
Ninth:
A. To consent to the declaration of war and the state of emergency by a twothirds
majority based on a joint request from the President of the Republic
and the Prime Minister.
B. The state of emergency shall be declared for a period of thirty days, which
can be extended after approval each time.
C. The Prime Minister shall be delegated the necessary powers which enable
him to manage the affairs of the country during the period of the
declaration of war and the state of emergency. These powers shall be
regulated by a law in a way that does not contradict the Constitution.
D. The Prime Minister shall present to the Council of Representatives the
measures taken and the results during the period of the declaration of war
and the state of emergency within 15 days from the date of its end.