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Publications: Legislature
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by Dr. Wassim Harb The parliament The parliament's membership:
We will deal with this subject in eight comparison tables:
We didn’t present in the first comparison table (the acquirement of membership) all its necessary data because we couldn’t gather all the election rules involved. So we’ve been satisfied by showing some data on this subject that we concluded from the constitutions and bylaws of the involved Arab countries. This comparison table recognizes the rules for acquiring membership in the parliament (see figure T6) (by election or appointment). We noticed that in three Arab states (Oman, Saudi Arabia, Qatar) the members of the parliament are appointed. We should mention here that in Oman the members are chosen from the representatives of the districts. We also noticed that in Emirates the deputies are chosen in every Emirate independently and according to its own regulations. Whereas in Egypt the head of the state has the right to appoint 10 of the deputies according to the constitution. While in Sudan, The head of the state has the right to appoint members in case of vacancy. This table also shows the number of the deputies in each state and the standards upon which they are elected (geographically, according to cult, nationally, socially). We note here that in most Arab states this standard is geographical. But in Egypt a social standard exists with the geographical one, allowing the peasants and the workers to form half the parliament. While in Lebanon the deputies are elected on the basis of cult and religion (temporarily). On the other hand, this table shows the necessary conditions for the acquisition of membership: legal capacity(competence), nationality, education, social class or rank. In the comparison table prepared to deal with the loss of the membership (see figure T7) we’ve shown the cases where there is a vacancy in the parliament (death, resignation, dismissal or removal, contestation). Then we’ve shown the consequences of this vacancy which might be either holding by elections or waiting till the expiration of the parliament’s term. Some states would wait till the expiration of the parliament’s term (Emirates, Qatar). While the rest , would fill the vacancy right away, each using its own regulations. Whereas in the case of a vacancy caused by contestation we’ve dealt with it separately in a different comparison table. In the comparison table dealing with contesting deputy membership (see figure T8), we’ve based our study on the constitutions and bylaws that don’t contain much data about this matter, having other laws dealing with it. In spite of that we’ve tried as much as we can to show the authority that can contest (one of the candidates, the voter, another deputy), then we’ve noticed the organism authorized to deal with this contestation (a specialized council, constitutional council). Then finally we’ve shown the results of this contestation, which might be either the success of the suppliant member or a new election. We note here that, most of the Arab states have noticed either in their constitutions or bylaws the organism authorized to deal with contestations. Nevertheless some states have dealt with this subject in their election laws (Tunisia, Morocco, Algiers) which were not provided for us. Whereas in Saudi Arabia, Qatar and Oman since the membership is acquired by appointment there’s no contestation. In the comparison table dealing with the term of the parliament (see fig. T9) we’ve noticed that a parliament’s mandate in the Arab states is from three to six years. We’ve also noted that in some states there’s the possibility of extension (Oman, Bahrain, Kuwait, Jordan, Palestine, Syria, and Algiers). We’ve also noticed the case of dissolving a parliament, and pointed out the authority qualified for this dissolution (the parliament itself, head of the state, government), the consequences of this dissolution (new elections, rehabilitation of the dissolute parliament, connecting the general secretariat with the government). We noticed that most of the Arab countries authorized the head of the state to dissolute the parliament. Whereas in Lebanon this authority belongs to the government, but depends on the request of the head of the state in three specified cases. In the comparison table dealing with the parliamentary immunity (see fig. T10), we’ve stated the meaning of this immunity (judiciary immunity, freedom of speech), its extent (inside and outside the parliament building), then we’ve shown the cases where it’s extinct (its denouncement, its elimination in the case of a witnessed crime), and the conditions for this extinction (absolute majority, qualified majority, or the end of the parliament session). The parliamentary immunity is found in most of the Arab countries except for Saudi Arabia and Qatar. Some Arab states have noticed the adjournment of this immunity by absolute majority (Yemen, Emirates, Jordan, Algiers, Morocco). While Oman doesn’t have any article dealing with the adjournment of immunity in cases other than the case of a witnessed crime. Whereas in Iraq this authority is given to the head of the state (art 5 constitutions, art 8 bylaw). We’ve also dedicated a comparison table to point out the deputies’ rights and obligations (see fig. T11) (see general index), knowing the importance of comparing their principle rights in such a study. This table contains, the compensations of the deputies, their rights to propose bills, to suggest the amendment of the constitution, to vote, to address questions and inquiries to the cabinet and to withhold confidence in it. In another comparison table we’ve dealt with the possibility of having two missions, such as joining the membership of the parliament with a public function or with the membership of the cabinet or another legislative council (the senate) here we’ve also shown the cases where this pairing is banned (see fig. T12). Furthermore we’ve noticed that the deputies cannot buy or rent any property of the state or establish unions inside the parliament. We’ve also made a comparison table showing the obligations of each deputy (see fig. T13) beginning with the obligation of taking his constitutional oath, attending the audiences of the parliament and its committees and participating in them, maintaining the order during the audiences of the parliament. We’ve also dedicated a section to show the obligation of a deputy in the payment of a yearly contribution to the parliamentary branch (Egypt). Surely this table doesn’t include all the obligations of the deputies, for we’ve mentioned only the ones we considered as principle obligations (turn to general index for more details). |