AhlulBayt News Agency

source : al Wefaq
Thursday

11 April 2013

6:12:00 AM
408053

Al-Marzooq: the Bahraini people voted on the National Charter not the 2002 constitution

(Ahlul Bayt News Agency) - The political assistant of Al-Wefaq National Islamic Society's secretary-general, Khalil al-Marzooq, stressed that the Bahraini opposition's project works on producing a consensus on a political system which can take Bahrain to the sustainable stability. However, he stressed that the political crisis in Bahrain cannot be resolved through unrealistic solutions which are not recognized by constitutional jurisprudence in attempt to elude any real solutions.

"Constitutions are not approved under constraint nor are they approved through political or military dominance, because once these circumstances change the problem will emerge again and become more complicated", he said.

"When the opposition boycotts, participates and withdraws, it is seeking to find real breakthroughs for dialogue in the different given circumstances. But, at the same time--- the opposition is not naïve and will not approve what the people refuse to approve and what contradicts with the constitutional jurisprudence", he added.

Al-Marzooq said "it is best to build solutions on the globally-recognized constitutional and legal principles and not on a heresy that is imposed and generalized on everyone", adding, "Constitutional principles include drafting mechanisms as well as constitutional approval and amendment". These principles explain when a constitution is legitimate and obligatory, when it is granted, when it is illegitimate".

He added "One of the main humanitarian principles which constitutions abide by is that the sovereignty is for the people who are the constituent power to constitutions which respect the will of people".

"The sovereignty of the people does not end with the approval of the constitution, it extends to include all amendments which must be made under its obligatory amendment mechanism", he said pointing out that the regime infringed the 1973 contractual constitution in 1975 by unilaterally freezing the constitution, disrespecting the constitution and the people.

Al-Marzooq denied claims of the people's approval of the unilateral 2002 constitution by voting on the National Charter in 2001. The prince's and crown prince's statements back then came assuring the people of abiding to amendment mechanism ahead of the nation's voting on the National Charter. Al-Marzooq commented on this saying "It's one of two possibilities, either that the official statements were part of a deception or that the 2002 constitution infringed the National Charter", adding that admitting the matter would save face of the regime and help in resolving the constitutional crisis.

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