Constitutional and Legislative Organization to Determine the Validity of Electoral Membership in Iraq
- Author:
- Jalal Murdhi Allawi Al-Jumaili
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Maytham Nemati
The issue of constitutional and legislative organization to determine the validity of membership for elections in Iraq is one of the important and basic issues in public law, and within the scope of constitutional law, because legislative elections are a democratic and civilized means, through which the representatives of the people are determined in a new stage, and through which confidence is granted. For a government, which supervises public affairs, in addition to the fact that there are legal guarantees for this process to succeed, one of these guarantees is the right to parliamentary electoral appeal. And the right to assume public office in Iraq, and then we ask about what is the legal organization to determine the validity of electoral membership in Iraq?Accordingly, the research in this study is pure and purposeful, given that the electoral process is the democratic method through which the authorities are exercised tasks, and through which the form of government is determined, and elections are the peaceful means for the transfer of power, as well as clarifying the legal and constitutional frameworks around the organization of the electoral process from Where the election procedures, and determining the authority that undertakes supervision, and who is the authority that decides on the validity of the electoral process, as every candidate or member has the right to appeal the validity of the election of any member who has reached the parliament stage, when certain things are achieved that affect the validity of the member’s election.We have concluded that the constitution stipulates that the scope of the capacity in electoral appeals extends to include voters and candidates, and is not limited to voters without candidates, and all of this is to protect the public interest that is related to the electoral process, and also that the authority of the Iraqi Court of Appeal when considering the decision on the health of members of the House of Representatives does not extend To look into the voters’ lists, taking into account that the authenticity does not include the illegal casting of some people’s votes. In addition, the authority of the Court of Appeal does not extend to the conditions related to nomination to the House of Representatives. electoral appeals, The decisions of the Council can be appealed before the Court of Cassation, which was formed, which is responsible for considering electoral appeals as an appellate or discriminatory body.