دستورية تفسير مجلس النواب لشرط حسن السمعة وفقا لدستور جمهورية العراق لسنة 2005 : دراسة قانونية لفحص دستورية قرار مجلس النواب ذي العدد

الملخص EN

Night befor holding the election of Iraqi Barliament , for the third session Representatives council made a decision,No 1/9/2535 at 19/3/2014 , wich stated not to debarring any candidate of elections in case of lacking to the good reputation & manner condition , mentioned in artcle 8/3 of reprisentatives council election's law , and informed the Independent High ElectrolCommission , and denied any other decision contrary with it's interpretation decision .

legal crisis with IHEC rised as a consequenc of that decision.

Representatves Council made the interpretation because of debarring nomber of reprisentatves from participation in election , by the Council of Comissars , on the ground of lacking to the good reputation & manner condition , ither because of impunity take off riquest reprisented by RC for acusing them in criminal actions or ran away of some of them or because of signatures & files forgery , in the same time , Judicial Institution of Election approved some decisions and appeale the others and brought back some representatives to nomination.

To balance this crisis legaly, and find out the legality & constitutionality of RC decision we choosed to study that case , never studied before .

We used the extrapolative approach , by moving from part to all , to analize the council decision and motives behind and then to check it's constitutionality , we also compared some of concepts in the constitutions and laws of comparatives states such as U.K , U.S.A , Franc , Eygept.

Finally we stated our conclusions ,and our preventive & curative &punishing resolves wich we hopping to be a step in bulding a RC contain well known members , that will affected posetivily in the function of RC.