Indeed, Arend Lijphart, an internationally recognized expert on democratic theory and electoral systems, considers modified Sainte Lague with a divisor 0f 1,4 less proportional than largest remainder, meaning that Iraq with its even bigger divisor of 1.6 has moved even further away from the proportionality of the original system.
The communist party could thus legitimately complain to the supreme court again, since the new legislation has done little to address their claims and possibly has made for a worse situation from the proportionality point of view. Rather than changing the formula, the key to better proportionality would probably be either more national seats or a single constituency – the latter is mostly rejected by Iraqi parties because of its other disadvantages.
In any case, now that Mr. Ayyad al-Bazi’s appeal has been lodged with the federal supreme court, something is there that can potentially be used to cancel or delay the elections, or be used as a means of pressure by those who are less eager to hold elections than others. On the surface, then, Iraq seems on track to polling in late April, with a deadline for political entity registration set for next week. Once more, though, Iraq’s supreme court could become embroiled in politics, and its track record of staying above Iraqi factionalism has not been a terribly good one during the past few years.