Can the recent cabinet meeting decisions be challenged before Shura Council?

News Bulletin Reports
2022-12-06 | 13:45
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Can the recent cabinet meeting decisions be challenged before Shura Council?
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2min
Can the recent cabinet meeting decisions be challenged before Shura Council?
There is a possibility that questioning the caretaker government session's constitutionality could open the door to challenging its decisions, especially by the Free Patriotic Movement, before the State Shura Council.

In form, according to the Council's law, it is assumed that the person closest to the capacity and interest in presenting any review challenging the decisions of the Council of Ministers is the one who considers himself directly affected by these decisions. 

In this case, the ministers who were absent from the session and boycotted it are considered to have the capacity and interest.

One or all of these ministers can submit a review in an appeal against a decision or decisions issued by the caretaker government session.

By the mechanism, the Shura Council must consider whether the authority that issued the decision, in this case, the caretaker government, has the authority to issue these decisions.

Suppose it appears to the Shura Council that this authority exists. In that case, the Council will return the review and drop the objections.

If the review is accepted, the contested decisions are null and void and have no legal enforcement effect.

However, according to the Shura Council law, the decisions of this constitutional institution are binding on the administration. If this administration decides, and in this case, the caretaker government, not to implement the provisions of nullifying the decisions issued by it, the most the Shura Council can do is to fine it.

Suppose the cabinet's meeting decisions are challenged. In that case, it is an objection to a politically unconstitutional performance that opens the door wide to more rifts, political differences, and scenarios that lead to more constitutional chaos, according to constitutional experts.
 

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