Sunday, February 10, 2013 11:21:29 PM
bit more .. Rivals of Iraq's Maliki try to block third term
By Suadad al-Salhy
BAGHDAD | Tue Nov 13, 2012 6:52am EST
(Reuters) - Iraqi Prime Minister Nuri al-Maliki's rivals have started campaigning for term limits in an attempt to block the Shi'ite leader running for a third term in 2014, opening up a new battle in the country's fragile cross-sectarian government.
Since the last American troops left Iraq nearly a year ago, the country's Shi'ite, Sunni Muslim and ethnic Kurdish parties have been caught up in a power-sharing stalemate that has left key oil and investment laws paralyzed in parliament.
Kurdish parties, the Sunni-backed Iraqiya bloc and even some rivals in Maliki's own Shi'ite coalition failed earlier this year to trigger a vote of no confidence against a prime minister whom they accuse of consolidating power at their expense.
Those same factions have now handed a proposed law to parliament that would limit the mandate of prime minister to two terms, challenging a leader well-known for his skilful maneuvering through Iraq's shifting alliances.
"A proposed law was presented to the parliament with the support of more than 130 lawmakers," said Amir al-Kinani, a lawmaker with Shi'ite cleric Moqtada al-Sadr's Sadrist bloc and a member of the legal committee.
Maliki's opponents would need a simple majority in the 325-seat Council of Representatives to pass the law. But in a country of often fickle political loyalties and divided parties securing that support faces huge challenges. For a factbox on Iraq's political factions click.
Political blocs are already jockeying for position before provincial government elections in April, aware that a strong showing will position them for the national election in 2014.
That, his allies say, will likely allow Maliki room to horse-trade and play already splintered factions against the other in the debate over term limits. His Shi'ite coalition still has the strongest position in parliament.
"We will challenge it from the beginning and even if it is passed we will appeal in Federal Court," said Abbas al-Biyati, a lawmaker from Maliki's State of Law coalition.
Iraq's political outlook is often complicated by sectarian tensions, violence from a stubborn insurgency and by intervention from the country's neighbors who often step into the fray to back one bloc or another.
Maliki last April emerged unscathed from one of his toughest battles since his government was formed 23 months ago after his foes failed to muster the required ballots for a vote of no confidence to expel him from office.
His allies say they will try to split support for the term limit campaign by adjusting the law to include other posts such as those of Kurdistan Regional Government President Masoud Barzani, a Kurd, and parliament speaker Osama al-Nujaifi, a Sunni leader from the Iraqiya block.
"This is a very sensitive issue," said a senior lawmaker from Barzani's Patriotic Union of Kurdistan lawmakers.
(Editing by Patrick Markey and Keiron Henderson)
http://www.reuters.com/article/2012/11/13/us-iraq-politics-idUSBRE8AC0H620121113
====== .. this gives a bit more more detail on the vote ..
Iraq MPs vote to bar Maliki from third term
Agence France Presse - January 26, 2013 02:10 PM
BAGHDAD: Iraq's parliament adopted a measure on Saturday that would bar Prime Minister Nuri al-Maliki from a third term, a move his allies quickly dismissed as unconstitutional.
A total of 170 MPs of 242 present backed the move to limit the president, premier and parliament speaker to two terms, an official said, meaning Maliki could not retain his post after national elections next year.
But Maliki's supporters insisted the motion was not legally-binding and would be struck down by Iraq's highest courts.
The Sunni-backed Iraqiya bloc, the main Kurdish alliance and the movement loyal to powerful Shiite cleric Moqtada al-Sadr -- all members of Maliki's national unity government -- were the measure's principal backers, said the official, who spoke on condition of anonymity.
Deputy Prime Minister Saleh al-Mutlak, a senior member of Iraqiya, told AFP: "We just want to limit the period the prime minister can serve... so that dictatorship will not start again."
The move appeared to target Maliki, as the speaker of parliament is a member of Iraqiya and Iraq's president is part of the Kurdish alliance.
Iraq's constitution does not set term limits for those posts.
Maliki's supporters in the Council of Representatives insisted the move would be felled by the courts, pointing to a previous ruling by the highest judicial authority that only the cabinet can propose legislation, not parliament.
"The federal court has told the parliament before that they can suggest laws, but they cannot draft laws," said Khaled al-Assadi, a member of Maliki's State of Law Alliance.
"This law will not stand up in front of the courts."
The move to limit Maliki's time in power came after his opponents failed last year to push a motion of no confidence through parliament.
Maliki's opponents -- principally Iraqiya, the Kurdish alliance and the Sadrists -- have accused him of authoritarianism and sectarianism, and have called for him to resign.
The ongoing political crisis has meant no significant legislation has been passed since March 2010 parliamentary elections, and the latest move comes with less than three months to go before key provincial polls.
http://www.dailystar.com.lb/News/Middle-East/2013/Jan-26/203849-iraq-mps-vote-to-bar-maliki-from-third-term.ashx#axzz2J5Pfd7XT
====== .. this one gives more insight on the question whether or not the Iraqi Parliament
can constitutionally actually pass a law, or just recommend one to the cabinet ..
New Law Limits the Terms of Iraq’s Prime Minister
Posted by Reidar Visser on Sunday, 27 January 2013 9:26 .. with links ..
A couple of points regarding the law on term limits for the “three presidencies” passed by the Iraqi parliament on Saturday.
* The law limits the three presidencies (president proper, speaker of parliament and prime minister) to two terms, whether successive or not.
* Whereas a limitation on the presidency to two terms is prescribed in the Iraqi constitution for the presidency proper, no such restriction appears with regard to the premiership. Maliki supporters is calling the law unconstitutional for this reason. It may be more correct to see the law as “extra-constitutional” (since the constitution is mute) but that does not mean the supreme court will not find problems with it.
* Another noteworthy problem is that the law is a “proposed law” rather than a legislative project. In 2010, the Iraqi supreme court struck down another such “proposed law”, arguing that parliament had no right to initiate legislation other than making a proposal that would then have to pass through parliament. The supreme court may opt to strike down the bill simply for that reason.
* Note that rejection of the bill is not automatic: It must be specifically challenged before the supreme court. Maliki will probably lose no time in doing so, but it should be added that at least a couple of dozens of “proposals” have indeed been passed into law apparently without such challenges over the past few years, and quite a few others are on their way. The sheer volume of this legislative action suggests the Iraqi supreme court may gradually find it harder and harder to defend what is arguably a somewhat contrived ruling.
* It is noteworthy, too, that the law shows the Iraqi parliament can be effective when it wants. The bill was introduced, read and passed all in the single month of January.
* The bill passed with 170 votes. That’s of course more than the magical 163 threshold that was not achieved when the sacking of Maliki was on the agenda last spring. Nonetheless, the bill is so clearly directed against Maliki personally that it should be taken to mean any other vote in parliament other than a non-confidence motion is potentially problematic to him. Maliki may hide behind supreme court activism that effectively confines the ability of parliament to legislate introduce bills or hold ministers accountable for the purpose of sacking them. But he needs to get a budget passed and handle acute tensions with the Kurdish federal government, some of which require legislative agreement. Maliki cannot survive merely on the basis of an amenable judiciary and populist gestures of an increasingly sectarian nature.
http://gulfanalysis.wordpress.com/2013/01/27/a-new-law-limits-the-terms-of-iraqs-prime-minister/
====== .. late catch .. this little note, fwiw, claims a whiff from the Supreme court ..
2013-01-28 (23: 00)
Sources for (range): the Federal Court will enable Al-Maliki to third term
Baghdad/range
"The term" learned from well-informed sources that the Federal Supreme Court is to decide the House's desire to achieve the mandates of the three Presidents, including the Prime Minister, the two only, but at the same time satisfy Prime Minister Nuri al-Maliki and his coalition, State of law, who wish to give Al-Maliki the Prime Minister for the third time after upcoming parliamentary elections to be held a year from now.
And the sources that were talking to "range" last night from among the Federal Supreme Court, the latter when it challenged the Government on the law bill of Parliament two days ago that the three heads of States identified the two only retroactively, she would take it that the law is not implemented with retroactive effect, and that means clear to Al-Maliki for Prime Minister for a third time if he won the next election.
http://nenosplace.forumotion.com/t1398-sources-for-range-the-federal-court-will-enable-al-maliki-to-third-term
By Suadad al-Salhy
BAGHDAD | Tue Nov 13, 2012 6:52am EST
(Reuters) - Iraqi Prime Minister Nuri al-Maliki's rivals have started campaigning for term limits in an attempt to block the Shi'ite leader running for a third term in 2014, opening up a new battle in the country's fragile cross-sectarian government.
Since the last American troops left Iraq nearly a year ago, the country's Shi'ite, Sunni Muslim and ethnic Kurdish parties have been caught up in a power-sharing stalemate that has left key oil and investment laws paralyzed in parliament.
Kurdish parties, the Sunni-backed Iraqiya bloc and even some rivals in Maliki's own Shi'ite coalition failed earlier this year to trigger a vote of no confidence against a prime minister whom they accuse of consolidating power at their expense.
Those same factions have now handed a proposed law to parliament that would limit the mandate of prime minister to two terms, challenging a leader well-known for his skilful maneuvering through Iraq's shifting alliances.
"A proposed law was presented to the parliament with the support of more than 130 lawmakers," said Amir al-Kinani, a lawmaker with Shi'ite cleric Moqtada al-Sadr's Sadrist bloc and a member of the legal committee.
Maliki's opponents would need a simple majority in the 325-seat Council of Representatives to pass the law. But in a country of often fickle political loyalties and divided parties securing that support faces huge challenges. For a factbox on Iraq's political factions click.
Political blocs are already jockeying for position before provincial government elections in April, aware that a strong showing will position them for the national election in 2014.
That, his allies say, will likely allow Maliki room to horse-trade and play already splintered factions against the other in the debate over term limits. His Shi'ite coalition still has the strongest position in parliament.
"We will challenge it from the beginning and even if it is passed we will appeal in Federal Court," said Abbas al-Biyati, a lawmaker from Maliki's State of Law coalition.
Iraq's political outlook is often complicated by sectarian tensions, violence from a stubborn insurgency and by intervention from the country's neighbors who often step into the fray to back one bloc or another.
Maliki last April emerged unscathed from one of his toughest battles since his government was formed 23 months ago after his foes failed to muster the required ballots for a vote of no confidence to expel him from office.
His allies say they will try to split support for the term limit campaign by adjusting the law to include other posts such as those of Kurdistan Regional Government President Masoud Barzani, a Kurd, and parliament speaker Osama al-Nujaifi, a Sunni leader from the Iraqiya block.
"This is a very sensitive issue," said a senior lawmaker from Barzani's Patriotic Union of Kurdistan lawmakers.
(Editing by Patrick Markey and Keiron Henderson)
http://www.reuters.com/article/2012/11/13/us-iraq-politics-idUSBRE8AC0H620121113
====== .. this gives a bit more more detail on the vote ..
Iraq MPs vote to bar Maliki from third term
Agence France Presse - January 26, 2013 02:10 PM
BAGHDAD: Iraq's parliament adopted a measure on Saturday that would bar Prime Minister Nuri al-Maliki from a third term, a move his allies quickly dismissed as unconstitutional.
A total of 170 MPs of 242 present backed the move to limit the president, premier and parliament speaker to two terms, an official said, meaning Maliki could not retain his post after national elections next year.
But Maliki's supporters insisted the motion was not legally-binding and would be struck down by Iraq's highest courts.
The Sunni-backed Iraqiya bloc, the main Kurdish alliance and the movement loyal to powerful Shiite cleric Moqtada al-Sadr -- all members of Maliki's national unity government -- were the measure's principal backers, said the official, who spoke on condition of anonymity.
Deputy Prime Minister Saleh al-Mutlak, a senior member of Iraqiya, told AFP: "We just want to limit the period the prime minister can serve... so that dictatorship will not start again."
The move appeared to target Maliki, as the speaker of parliament is a member of Iraqiya and Iraq's president is part of the Kurdish alliance.
Iraq's constitution does not set term limits for those posts.
Maliki's supporters in the Council of Representatives insisted the move would be felled by the courts, pointing to a previous ruling by the highest judicial authority that only the cabinet can propose legislation, not parliament.
"The federal court has told the parliament before that they can suggest laws, but they cannot draft laws," said Khaled al-Assadi, a member of Maliki's State of Law Alliance.
"This law will not stand up in front of the courts."
The move to limit Maliki's time in power came after his opponents failed last year to push a motion of no confidence through parliament.
Maliki's opponents -- principally Iraqiya, the Kurdish alliance and the Sadrists -- have accused him of authoritarianism and sectarianism, and have called for him to resign.
The ongoing political crisis has meant no significant legislation has been passed since March 2010 parliamentary elections, and the latest move comes with less than three months to go before key provincial polls.
http://www.dailystar.com.lb/News/Middle-East/2013/Jan-26/203849-iraq-mps-vote-to-bar-maliki-from-third-term.ashx#axzz2J5Pfd7XT
====== .. this one gives more insight on the question whether or not the Iraqi Parliament
can constitutionally actually pass a law, or just recommend one to the cabinet ..
New Law Limits the Terms of Iraq’s Prime Minister
Posted by Reidar Visser on Sunday, 27 January 2013 9:26 .. with links ..
A couple of points regarding the law on term limits for the “three presidencies” passed by the Iraqi parliament on Saturday.
* The law limits the three presidencies (president proper, speaker of parliament and prime minister) to two terms, whether successive or not.
* Whereas a limitation on the presidency to two terms is prescribed in the Iraqi constitution for the presidency proper, no such restriction appears with regard to the premiership. Maliki supporters is calling the law unconstitutional for this reason. It may be more correct to see the law as “extra-constitutional” (since the constitution is mute) but that does not mean the supreme court will not find problems with it.
* Another noteworthy problem is that the law is a “proposed law” rather than a legislative project. In 2010, the Iraqi supreme court struck down another such “proposed law”, arguing that parliament had no right to initiate legislation other than making a proposal that would then have to pass through parliament. The supreme court may opt to strike down the bill simply for that reason.
* Note that rejection of the bill is not automatic: It must be specifically challenged before the supreme court. Maliki will probably lose no time in doing so, but it should be added that at least a couple of dozens of “proposals” have indeed been passed into law apparently without such challenges over the past few years, and quite a few others are on their way. The sheer volume of this legislative action suggests the Iraqi supreme court may gradually find it harder and harder to defend what is arguably a somewhat contrived ruling.
* It is noteworthy, too, that the law shows the Iraqi parliament can be effective when it wants. The bill was introduced, read and passed all in the single month of January.
* The bill passed with 170 votes. That’s of course more than the magical 163 threshold that was not achieved when the sacking of Maliki was on the agenda last spring. Nonetheless, the bill is so clearly directed against Maliki personally that it should be taken to mean any other vote in parliament other than a non-confidence motion is potentially problematic to him. Maliki may hide behind supreme court activism that effectively confines the ability of parliament to legislate introduce bills or hold ministers accountable for the purpose of sacking them. But he needs to get a budget passed and handle acute tensions with the Kurdish federal government, some of which require legislative agreement. Maliki cannot survive merely on the basis of an amenable judiciary and populist gestures of an increasingly sectarian nature.
http://gulfanalysis.wordpress.com/2013/01/27/a-new-law-limits-the-terms-of-iraqs-prime-minister/
====== .. late catch .. this little note, fwiw, claims a whiff from the Supreme court ..
2013-01-28 (23: 00)
Sources for (range): the Federal Court will enable Al-Maliki to third term
Baghdad/range
"The term" learned from well-informed sources that the Federal Supreme Court is to decide the House's desire to achieve the mandates of the three Presidents, including the Prime Minister, the two only, but at the same time satisfy Prime Minister Nuri al-Maliki and his coalition, State of law, who wish to give Al-Maliki the Prime Minister for the third time after upcoming parliamentary elections to be held a year from now.
And the sources that were talking to "range" last night from among the Federal Supreme Court, the latter when it challenged the Government on the law bill of Parliament two days ago that the three heads of States identified the two only retroactively, she would take it that the law is not implemented with retroactive effect, and that means clear to Al-Maliki for Prime Minister for a third time if he won the next election.
http://nenosplace.forumotion.com/t1398-sources-for-range-the-federal-court-will-enable-al-maliki-to-third-term
It was Plato who said, “He, O men, is the wisest, who like Socrates, knows that his wisdom is in truth worth nothing”
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