The Federal Supreme Court adjudge by the validity of the article (140) of the Constitution
The Federal Supreme Court adjudged that the article (140) of the Republic of Iraq constitution is still valid, it confirmed that this matter shall remain until its commitments are executed and the target of its legislation is accomplished.
The official spokesman of the Court Ayas Al-Samouk said, the Federal Supreme Court had convened its session headed by the Judge Madhat Al-Mahmood, with the attendance of all the member judges. The Court tried the request of the Iraqi Council of the Representatives of interpreting the article (140) of the Constitution if it’s still valid or not.
Al-Samouk added, the Federal Supreme Court found that the article (140) of the Republic of Iraq Constitution for 2005 had assigned the executive power to take the required procedures to execute the article (58) of the State’s administration law for the transitional period requirements in all its clauses. These requirements arestill valid according to the provisions of article (143) of the Constitution.
He added, the Court found that this validity is to accomplish the targets listed in article (58) of the State’s administration law for the transitional period. These targets had been enacted to achieves justice in the regions were exposed to population position changes by displacing, exile and deportation according to the steps set by the article (58) aforementioned.
The Federal Supreme Court found that these steps weren’t completed, and some others weren’t token. The target of enacting the article (140) of the Constitution is needed, and it must be achieved by all.
He also commented, the Court confirmed that the date of executing the article (140) of the Constitution had been set for regulatory matters, as well as to instigate whom concerned to execute it, but it doesn’t touch its core or the target’s achievement.
Accordingly, the Court decided to keep the validity of the article (140) of the Republic of Iraq Constitution in the present time, until its requirements are executed and the target of its enactment is achieved, according to the steps set by the law of the State’s administration law for the transitional period No. (58).
