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Iraqi Federal Court Delays Ruling on Term-Limit Law

The Iraqi Federal Supreme Court has yet to rule on Prime Minister Nouri al-Maliki's challenge of a term-limit law, which leads some to believe the court is awaiting the results of the 2014 elections.

Iraqi Prime Minister Nuri al-Maliki (R) speaks next to his Iraqi Kurdish counterpart Nechirvan Barzani during a meeting of the Council of Ministers in Arbil, about 350 km (220 miles) north of Baghdad June 9, 2013. Maliki visited the Kurdistan region on Sunday for the first time in more than two years, in an attempt to resolve a long-running dispute over oil and land that has strained Iraq's unity to the limit. REUTERS/Azad Lashkari (IRAQ - Tags: POLITICS) - RTX10H5T
Iraqi Prime Minister Nouri al-Maliki speaks during a meeting of the Council of Ministers in Erbil, about 350 km (220 miles) north of Baghdad, June 9, 2013. — REUTERS/Azad Lashkari

On Jan. 26, 2013, the Iraqi parliament approved a law limiting to two terms the mandates of Iraqi presidents, prime ministers and parliament speakers. Since then, Iraq has witnessed an ongoing debate about the law, which passed with the votes of 170 deputies, mostly from the Iraqiyya bloc, Sadrists, the Kurdistan Alliance, and the Supreme Islamic Council. Prime Minister Nouri al-Maliki’s bloc and its allies boycotted the session.

The term-limit law is controversial because Article 72 of the Iraqi Constitution, which adopted the parliamentarian system, limits the presidential mandate to two terms but says nothing about how many terms the prime minister or the parliament speaker can have. 

As soon as the law was proposed, the State of Law coalition objected and appealed the law to the Iraqi Federal Supreme Court, questioning the legality of the parliament session that approved the law and by challenging the constitutionality of the law itself.

On March 12, the court found that the parliamentary session during which the law was passed was “legal” in form. That decision signaled the possibility that the court may reject the appeal on the constitutionality of the term-limit law itself. But the court has not yet ruled on the matter. 

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