Zidane: There is no constitutional provision related to the term caretaker and emergency governments

Zidane: There is no constitutional provision related to the term caretaker and emergency governments

2022-04-09

The head of the Supreme Judicial Council, Faiq Zeidan, published an article, today, Saturday, regarding the term caretaker and emergency governments.

Below is the text of the article:

The indication of a particular phrase on the intent of the constitutional legislator may be explicit so that the possibility of its conflict is excluded, and this phrase is described as being explicit on the intended meaning. Here it is said that this phrase is apparent in this meaning, so the text that indicates one meaning is described as an explicit text, as it is explicit in this meaning and has no other meaning.

days until the formation of the new Council of Ministers) as stated in Article (64/Second) of the Constitution (the President of the Republic, upon dissolving the House of Representatives, shall call for general elections in the country within a maximum period of sixty days from the date of the dissolution, and the Council of Ministers in this case is considered resigned and continues to conduct daily affairs). In both articles, the intent of the phrase (the Council of Ministers) is to denote the (caretaker government) according to the contextual and customary meaning that reaches the mind of the reader. The same case applies to what is being used in the term (emergency government), and here too there is no explicit text of this name. Rather, it is stated in Article (61/Ninth) of the Constitution (A- Approval of the declaration of war and a state of emergency by a two-thirds majority, based on a joint request from the President of the Republic and the President of the Republic. C- The Prime Minister is empowered with the necessary powers that enable him to administer the country’s affairs during the period of declaring war and a state of emergency, and these powers are regulated by law, in a manner that does not contradict the constitution. In both articles, the intent of the phrase (the Council of Ministers) is to denote the (caretaker government) according to the contextual and customary meaning that reaches the mind of the reader. The same case applies to what is being used in the term (emergency government), and here too there is no explicit text of this name. Rather, it is stated in Article (61/Ninth) of the Constitution (A- Approval of the declaration of war and a state of emergency by a two-thirds majority, based on a joint request from the President of the Republic and the President of the Republic. C- The Prime Minister is empowered with the necessary powers that enable him to administer the country’s affairs during the period of declaring war and a state of emergency, and these powers are regulated by law, in a manner that does not contradict the constitution. In both articles, the intent of the phrase (the Council of Ministers) is to denote the (caretaker government) according to the contextual and customary meaning that reaches the mind of the reader. The same case applies to what is being used in the term (emergency government), and here too there is no explicit text of this name. Rather, it is stated in Article (61/Ninth) of the Constitution (A- Approval of the declaration of war and a state of emergency by a two-thirds majority, based on a joint request from the President of the Republic and the President of the Republic. C- The Prime Minister is empowered with the necessary powers that enable him to administer the country’s affairs during the period of declaring war and a state of emergency, and these powers are regulated by law, in a manner that does not contradict the constitution.

From this text, the apparent meaning of the phrase (the Prime Minister) mentioned in that article is the indication of the (emergency government) that exercises the powers necessary to administer the affairs of the country during the period of declaring war and the state of emergency, according to the contextual meaning of the sentence and the customary use of this phrase.

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