FSC: The Navigation Regulation Agreement in Khor Abdullah is unconstitutional

Baghdad-INA 

The Federal Supreme Court ruled today, Thursday, that the law ratifying the Navigation Regulation Agreement in Khor Abdullah was unconstitutional.
The court said, in a statement received by the Iraqi News Agency (INA) “The Federal Supreme Court bases its ruling on the unconstitutionality of the law ratifying the agreement regulating navigation in Khor Abdullah".

The Constitution of the Republic of Iraq of 2005 represents the interest of the Iraqi people in their past, present and future. It was the result of an arduous and bitter struggle by all the people of Iraq, Arabs, Kurds, Turkmen and all other components of the people. Everything stated in it represents a faithful translation of the blood of the martyrs of Iraq, and was achieved through building democratic institutions and ensuring freedom of opinion and thought. And the doctrine after the people had been suffering under a brutal, oppressive, tyrannical regime for more than 30 years, and because the constitution became effective after the people’s referendum on it, according to what was stated in Article (144)   therefore, disobeying the constitution represents a crime described as the crime of violating the constitution or high treason.
In addition to that,The Federal Supreme Court bases its ruling on the unconstitutionality of Law No. (42) of 2013, the law ratifying the agreement between the government of the Republic of Iraq and the government of the State of Kuwait regarding the regulation of navigation in Khor Abdullah, on the provisions of Article (61/Fourth) of the Constitution of the Republic of Iraq for the year 2005, as it cannot Implementing a legal text that contradicts the Constitution despite the validity of that text due to the disruption of its implementation mechanisms. The (defunct) Revolutionary Command Council, which is responsible for ratifying international treaties and agreements in accordance with Law No. (111) of 1979, the Treaty Contracting Law, which was in effect at the time of enactment of the law ratifying the aforementioned agreement, no longer exists. The type of government system, its institutions, the powers of those institutions, and the mechanism for exercising These powers changed completely, and all of this was established in accordance with the Constitution of the Republic of Iraq.
Noteworthy, that It is not permissible to suspend the provisions of the Constitution in exchange for local legislation that contradicts it and is effective before the enactment of the Constitution. Rather, local legislation becomes in violation of the Constitution and other legislation resulting from it are subject to being ruled unconstitutional whenever they are challenged.FSC: The Navigation Regulation Agreement in Khor Abdullah is unconstitutional
Baghdad-INA 

The Federal Supreme Court ruled today, Thursday, that the law ratifying the Navigation Regulation Agreement in Khor Abdullah was unconstitutional.
The court said, in a statement received by the Iraqi News Agency (INA) “The Federal Supreme Court bases its ruling on the unconstitutionality of the law ratifying the agreement regulating navigation in Khor Abdullah".

The Constitution of the Republic of Iraq of 2005 represents the interest of the Iraqi people in their past, present and future. It was the result of an arduous and bitter struggle by all the people of Iraq, Arabs, Kurds, Turkmen and all other components of the people. Everything stated in it represents a faithful translation of the blood of the martyrs of Iraq, and was achieved through building democratic institutions and ensuring freedom of opinion and thought. And the doctrine after the people had been suffering under a brutal, oppressive, tyrannical regime for more than 30 years, and because the constitution became effective after the people’s referendum on it, according to what was stated in Article (144)   therefore, disobeying the constitution represents a crime described as the crime of violating the constitution or high treason.
In addition to that,The Federal Supreme Court bases its ruling on the unconstitutionality of Law No. (42) of 2013, the law ratifying the agreement between the government of the Republic of Iraq and the government of the State of Kuwait regarding the regulation of navigation in Khor Abdullah, on the provisions of Article (61/Fourth) of the Constitution of the Republic of Iraq for the year 2005, as it cannot Implementing a legal text that contradicts the Constitution despite the validity of that text due to the disruption of its implementation mechanisms. The (defunct) Revolutionary Command Council, which is responsible for ratifying international treaties and agreements in accordance with Law No. (111) of 1979, the Treaty Contracting Law, which was in effect at the time of enactment of the law ratifying the aforementioned agreement, no longer exists. The type of government system, its institutions, the powers of those institutions, and the mechanism for exercising These powers changed completely, and all of this was established in accordance with the Constitution of the Republic of Iraq.
Noteworthy, that It is not permissible to suspend the provisions of the Constitution in exchange for local legislation that contradicts it and is effective before the enactment of the Constitution. Rather, local legislation becomes in violation of the Constitution and other legislation resulting from it are subject to being ruled unconstitutional whenever they are challenged.