Baghdad: Presidential candidate and legal expert Counselor Salem Hawas affirmed that dissolving the Council of Representatives is not an ordinary political measure, but rather a major constitutional step resorted to only in cases of acute political crisis or political deadlock.
According to National Iraqi News Agency, in a press statement, Hawas explained that Article 64 (First) of the Iraqi Constitution provides two exclusive mechanisms for dissolving Parliament: the first requires a request submitted by one-third of its members and approved by an absolute majority of the total membership; the second requires a request by the Prime Minister with the approval of the President of the Republic. He noted that the constitutional text explicitly prohibits dissolving Parliament during the period of questioning (interrogation) of the Prime Minister, in order to safeguard parliamentary oversight and prevent any circumvention of constitutional accountability mechanisms.
Hawas further clarified that the President’s approval of the Prime Minister’s request does not automatically effect dissolution; rather, dissolution is contingent upon completing the constitutional procedures stipulated in Article 64. This framework, he said, preserves the principle of balance among authorities and prevents the termination of an elected body’s mandate outside constitutional context. He stressed that adherence to procedural sequence constitutes a fundamental safeguard against constitutional vacuum or challenges to the legitimacy of any subsequent phase.
He added that Article 64 (Second) establishes an immediate consequence once dissolution is effected, obligating the President to call for general elections within a period not exceeding sixty days from the date of dissolution. In such a case, the Council of Ministers is deemed resigned and assumes the role of a caretaker government, limited to managing daily affairs without taking decisive policy actions or entering into long-term commitments.
Hawas concluded that this constitutional arrangement reflects the principle of recourse to the people as the source of authority, positioning dissolution as a constitutional safety valve to renew legitimacy through early elections rather than a tool of political pressure or maneuvering.