From Wikipedia, the free encyclopedia Constitution of Iraq
Constitution of Iraq
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The Constitution of Iraq is Iraq’s fundamental law.
History
Iraq’s first constitution, which established a constitution-
al monarchy, entered into force under the auspices of
a British military occupation in 1925 and remained in
This article is part of the series: effect until the 1958 revolution established a republic.
Politics and government of Interim constitutions were adopted in 1958, 1963, 1964,
Iraq 1968, and 1970, the last remaining in effect de jure until
Constitution the Transitional Administrative Law was adopted. In
• Constitution 1990, a draft constitution was prepared but never pro-
Government mulgated due to the onset of the Gulf War.
• Federal government The current constitution was approved by a referen-
• President (List) dum that took place on 15 October 2005. The constitu-
• Jalal Talabani tion was drafted in 2005 by members of the Iraqi Consti-
• Presidency Council tution Drafting Committee to replace the Law of Admin-
• Vice Presidents istration for the State of Iraq for the Transitional Peri-
• Prime Minister (List) od (the "TAL"). The TAL was drafted between December
• Nouri al-Maliki 2003 and March 2004 by the Iraqi Governing Council, an
• Cabinet appointed body that was selected by the Coalition Pro-
• Current Government visional Authority after the Iraq War and occupation of
Legislature Iraq by the United States and Coalition forces.
• Council of Representatives Under a compromise brokered before the referen-
• Speaker dum, it was agreed that the first parliament that was to
• Usama al-Nujayfi be elected pursuant to the new constitution would insti-
Judiciary tute a Constitutional Review Committee with a view to
• Supreme court determine whether the constitution should be amended.
Divisions Any amendments agreed would have to be ratified by a
• Governorates similar referendum to the one that originally approved
• Districts it. After this agreement was entered into, the Sunni-ma-
• Kurdistan Region jority Iraqi Islamic Party agreed to back a Yes vote in
• Kurdistan Regional Government the referendum that took place on October 15, 2005. The
• Kurdistan Parliament Constitutional Review Committee was constituted by the
Elections Iraqi parliament on 25 September 2006. [1]
• Elections Electoral Commission officials said at a news confer-
• Political parties ence that 78 percent of voters backed the charter and
• Electoral Commission 21 percent opposed it. Of the 18 provinces, two recorded
• Jan 2005 parliamentary election "No" votes greater than two thirds, one province short
• 2005 governorate elections of a veto. A two-thirds rejection vote in three of the
• Dec 2005 parliamentary election country’s 18 provinces (of which three—Mosul, Anbar,
• 2009 governorate elections and Salahaddin—are thought to include Sunni majorities)
• 2010 parliamentary election would have required the dissolution of the Assembly,
• Constitutional referendum fresh elections, and the recommencement of the entire
Foreign policy
1
From Wikipedia, the free encyclopedia Constitution of Iraq
drafting process. Turnout in the referendum was 63 per- ate the constitution’s final terms until three days before
cent, commission officials had previously said. the referendum date.
The drafting and adoption of the new Constitution See also: Members of the Iraqi Constitution Drafting
was not without controversy, however, as sectarian ten- Committee
sions in Iraq figured heavily in the process. The chairman
of the drafting committee, Humam Hamoudi, regularly Adoption
made statements which were interpreted as meaning Main article: Iraqi constitution ratification vote, 2005
that there would be no compromises on Sunni de- The Constitution was adopted on 15 October 2005 in a ref-
mands.[1] The deadline for the conclusion of drafting was erendum of the people.
extended on four occasions because of the lack of consen-
sus on religious language. In the end, only three of the Amendment
15 Sunni members of the drafting committee attended
Main article: Amendment to the Constitution of Iraq
the signing ceremony, and none of them signed it. Sun-
Under a compromise brokered before the referendum, it
ni leaders were split as to whether to support the consti-
was agreed that the first parliament that was to be elect-
tution. Saleh al-Mutlaq, the chief Sunni negotiator, urged
ed pursuant to the new constitution would institute a
followers of his Hewar Front to vote against it, but the
Constitutional Review Committee with a view to deter-
biggest Sunni block, the Iraqi Accord Front did support
mine whether the constitution should be amended. Any
the document after receiving promises that it would be
amendments agreed would have to be ratified by a sim-
reviewed and amended, taking into account their views.
ilar referendum to the one that originally approved it.
A Constitution Amendment Committee has been set up in
After this agreement was entered into, the Sunni-majori-
this regard, but the progress has been slow. Notably, the
ty Iraqi Islamic Party agreed to back a Yes vote in the ref-
same figure who chaired the drafting committee, Humam
erendum that took place on 15 October 2005. The Consti-
Hamoudi, is chairing the amendment committee as well.
tutional Review Committee was constituted by the Iraqi
The text of the proposed constitution was read to
parliament on 25 September 2006. [2]
the National Assembly on Sunday 28 August 2005. It de-
On 18 September 2005, several changes to the text of
scribes the state as a "democratic, federal, representative
the constitution were approved by Iraq’s parliament, and
republic" (art. 1) (however, the division of powers is to
will be included in the version published for ratification
be deferred until the first parliament convenes), and a
by the public. Also, a new compromise was made which
"multi-ethnic, multi-religious and multi-sect country"
caused many Sunni groups to support the constitution.
(art. 3).
[3] [4] [5] Many of the links to the Constitution use the
24 August 2005 AP wire translation; however, the Amer-
Drafting ican Chronicle uses a slightly different translation dated
The Transitional National Assembly, which was elected 12 October 2005.
in January 2005 pursuant to the Coalition Provisional
Authority’s Transitional Administrative Law, appointed a
Constitutional Committee for the purpose of preparing a Overview
draft constitution by August 15, 2005. The Committee was
initially made up of 55 members, all of whom were drawn Basic principles
from the Transitional National Assembly, but its mem- The Constitution sets out a multitude of basic assertions
bership was eventually expanded beyond the Assembly’s (unfortunately because of last minute changes to the
numbers, in order to allow representatives from the Sun- constitution, most of the footnote references below to
ni Arab community to participate (given that the latter specific articles in the constitution are inaccurate):
had boycotted the elections that gave rise to the Transi- • Iraq is an independent nation.[2]
tional National Assembly). • The system of government is a democratic, federal,
According to the Transitional Administrative Law, representative, parliamentary republic.[2]
the Constitutional Committee was obliged to complete its • Islam is the state religion and a basic foundation for
work by 15 August 2005, and for the draft to be submit- the country’s laws,[3] and no law may contradict the
ted to a referendum by 15 October 2005. However, by the established provisions of Islam.[4]
beginning of August 2005, all parties were in agreement • No law that contradicts the principles of democracy
that a final agreement on some of the Constitution’s most may be established.[5]
important elements, including federalism, was still far • No law that contradicts the rights and basic
from complete. As a result, the Committee was effectively freedoms may be established.[6]
dissolved and replaced by an ad hoc body (referred to as • The Islamic identity of the majority of the Iraqi
the "Leadership Council"), which was composed of ap- people and the full religious rights for all individuals
proximately 6 members and which continued to negoti-
2
From Wikipedia, the free encyclopedia Constitution of Iraq
and the freedom of creed and religious practices is taps,[36] freedom of religion,[37] freedom of thought, con-
guaranteed.[7] science and belief.[38]
• Iraq is part of the Islamic world and its Arab citizens
are part of the Arab nation.[8] The Federal Government
• Iraq is a multiethnic, multi-religious and multi-sect The federal government is composed of the executive,
country[8] and Arabic and Kurdish are the official legislative, and judicial branches, as well as numerous in-
languages.[9] Iraqis are guaranteed the right to dependent commissions.
educate their children in their mother tongues, such
as Turkmen and Assyrian, in government Legislative branch
educational institutions, or any other language in The legislative branch is composed of the Council of Rep-
private educational institutions, according to resentatives and the Federation Council.[39]
educational regulations.[9]
• The Turkomen and Assyrian languages will be Council of Representatives
official in the areas where they are located.[10] Any Main article: Council of Representatives of Iraq
region or province can take a local language as an The Council of Representatives is the main elected body
additional official language if a majority of the of Iraq. The Constitution defines the "number of mem-
population approves in a general referendum. [11] bers at a ratio of one representative per 100,000 Iraqi per-
• Entities or trends may not advocate, instigate, justify sons representing the entire Iraqi people."[40] The mem-
or propagate racism, terrorism, "takfir" (declaring bers are elected for terms of 4 years.[41]
someone an infidel), or sectarian cleansing.[12] The The council elects the President of Iraq; approves the
"Saddamist Ba’ath Party", regardless of the name appointment of the members of the Federal Court of Cas-
that it adopts, is specifically banned.[12] sation, the Chief Public Prosecutor, and the President of
• The country has a military and security services Judicial Oversight Commission on proposal by the Higher
under the command of the civil authority, and will Juridical Council; and approves the appointment of the
not interfere in politics, or be used in the transfer of Army Chief of Staff, his assistants and those of the rank of
authority.[13] Militias are prohibited.[14] Military division commanders and above, and the director of the
officials may not hold office.[15] intelligence service, on proposal by the Cabinet. [42]
• The constitution is the highest law of the land.[16] No Federation Council
law may be passed that contradicts the
Main article: Federation Council of Iraq
constitution.[17]
The Federation Council is composed of representatives
from the regions and the governorates that are not orga-
Rights and freedoms nized in a region. The council is regulated in law by the
The Constitution defines many rights and freedoms, and Council of Representatives.[43]
incorporates laws in many subject areas into the Con-
stitution. It guarantees the rule of law,[18][19] equality Executive branch
before the law,[20] equal opportunity,[21] privacy,[22] in- The executive branch is composed of the President and
alienable nationality and dual nationality,[23] judicial in- the Council of Ministers.[44]
dependence,[24] the prohibition on criminal ex post facto
President
laws,[24] right to counsel,[24] a public trial unless the
court decides to make it a secret trial,[24] a presumption Main article: President of Iraq
of innocence,[24] the right to participate in public affairs The President of the Republic is the head of state and
and the right to vote, to elect and to nominate,[25] free- "safeguards the commitment to the Constitution and the
dom from extradition,[26] political asylum,[26] "economic, preservation of Iraq’s independence, sovereignty, unity,
social and cultural liberties",[26] the right to work,[27] the security of its territories in accordance with the pro-
the right to join trade unions,[27] ownership of personal visions of the Constitution."[45] The President is elected
property,[28] eminent domain powers,[28] rights similar by the Council of Representatives by a two-thirds ma-
to the Four Freedoms (European Union),[29][30] minimum jority,[46] and is limited to two four-year terms.[47] The
wage,[19] universal health care,[31] free education,[32] dig- President ratifies treaties and laws passed by the Council
nity,[33] freedom from psychological and physical torture of Representatives, issues pardons on the recommenda-
and inhumane treatment and the right to compensa- tion of the Prime Minister, and performs the "duty of the
tion,[33] freedom from "compulsory service",[33] limited Higher Command of the armed forces for ceremonial and
freedom of expression, freedom of the press, and free- honorary purposes."[48]
dom of assembly,[34] the right to engage in sports,[34] lim- There also exists a Vice President which shall assume
ited freedom of forming and of joining associations and the office of the President in case of his absence or re-
political parties,[35] requirement of warrants for wire- moval.[49]
3
From Wikipedia, the free encyclopedia Constitution of Iraq
The Presidency Council is an entity currently operat- Central Criminal Court
ing under the auspices of the "transitional provisions" of Main article: Central Criminal Court of Iraq
the Constitution. According to the Constitution, the Pres- The Central Criminal Court of Iraq is the main criminal
idency Council functions in the role of the President until court of Iraq.[citation needed] The CCCI is based on an in-
one successive term after the Constitution is ratified[50] quisitorial system and consists of two chambers: an in-
and a government is seated.[51] vestigative court, and a criminal court.[citation needed]
Council of Ministers Independent commissions and institutions
Main articles: Prime Minister of Iraq and Council of Min-
The High Commission for Human Rights, the Indepen-
isters of Iraq
dent Electoral High Commission, and the Commission on
The Council of Ministers is composed of the Prime Min-
Public Integrity are independent commissions subject to
ister and his cabinet. The President of Iraq names the
monitoring by the Council of Representatives.[59] The
nominee of the Council of Representatives bloc with the
Central Bank of Iraq, the Board of Supreme Audit, the
largest number to form the Cabinet.[52] The Prime Min-
Communications and Media Commission, and the En-
ister is the direct executive authority responsible for the
dowment Commission are financially and administra-
general policy of the State and the commander-in-chief
tively independent institutions.[60] The Foundation of
of the armed forces, directs the Council of Ministers, and
Martyrs is attached to the Council of Ministers.[61] The
presides over its meetings and has the right to dismiss
Federal Public Service Council regulates the affairs of the
the Ministers on the consent of the Council of Represen-
federal public service, including appointment and pro-
tatives.[53]
motion.[62]
The cabinet is responsible for overseeing their re-
spective ministries, proposing laws, preparing the bud-
Powers of the Federal Government
get, negotiating and signing international agreements
and treaties, and appointing undersecretaries, ambas- The federal government has exclusive power over:
sadors, the Chief of Staff of the Armed Forces and his as- • Foreign policy and negotiation[63]
sistants, Division Commanders or higher, the Director of • Fiscal and customs policy, currency, inter-regional
the National Intelligence Service, and heads of security and inter-governate trade policy, monetary policy,
institutions.[54] and administering a central bank[64]
• Standards and weights,[65] naturalization,[66] the
Judicial branch radio spectrum, and the mail[67]
The federal judiciary is composed of the Higher Judicial • The national budget[68]
Council, the Supreme Court, the Court of Cassation, the • Water policies[69]
Public Prosecution Department, the Judiciary Oversight • The Census[70]
Commission, and other federal courts that are regulated • Welfare programs
by law.[55] One such court is the Central Criminal Court. • Management of oil and gas, in cooperation with the
governments of the producing regions and
Higher Judicial Council governates[71]
Main article: Higher Judicial Council of Iraq Powers shared with regional authorities:
The Higher Judicial Council manages and supervises the • regional customs
affairs of the federal judiciary.[56] It oversees the affairs • electrical power
of the various judicial committees,[57] nominates the • environmental policy
Chief Justice and members of the Court of Cassation, the • public planning
Chief Public Prosecutor, and the Chief Justice of the Judi- • health, and education
ciary Oversight Commission, and drafts the budget of the All powers not exclusively granted to the federal govern-
judiciary.[56] ment are powers of the regions and governorates that are
not organized in a region.[72] Priority is given to region-
Supreme Court
al law in case of conflict between other powers shared
Main article: Supreme Court of Iraq
between the federal government and regional govern-
The Supreme Court is an independent judicial body that
ments.[72]
interprets the constitution and determines the constitu-
tionality of laws and regulations. It acts as a final court
of appeals, settles disputes amongst or between the fed-
Regions
eral government and the regions and governorates, mu- Chapter Five, Authorities of the Regions, describes the form
nicipalities, and local administrations, and settles accusa- of Iraq’s federation. It begins by stating that the repub-
tions directed against the President, the Prime Minister lic’s federal system is made up of the capital, regions, de-
and the Ministers. It also ratifies the final results of the centralized provinces, and local administrations.
general elections for the Council of Representatives. [58] • Part One Regions
One:
4
From Wikipedia, the free encyclopedia Constitution of Iraq
The country’s future Regions are to be established from [16] Constitution of Iraq, Article 13(1st)
its current 18 governorates (or provinces). Any single [17] Constitution of Iraq, Article 13(2nd)
province, or group of provinces, is entitled to request [18] Constitution of Iraq, Article 15
that it be recognized as a region, with such a request [19] ^ Constitution of Iraq, Article 28
being made by either two-thirds of the members of the [20] Constitution of Iraq, Article 14
provincial councils in the provinces involved or by one- [21] Constitution of Iraq, Article 16
tenth of the registered voters in the province(s) in ques- [22] Constitution of Iraq, Article 17
tion. [23] Constitution of Iraq, Article 18
• Part Two Provinces not organized into a
Two: [24] ^ Constitution of Iraq, Article 19
Region [25] Constitution of Iraq, Article 20
[26] ^ Constitution of Iraq, Article 21
Provinces that are unwilling or unable to join a region [27] ^ Constitution of Iraq, Article 22
still enjoy enough autonomy and resources to enable [28] ^ Constitution of Iraq, Article 23
them to manage their own internal affairs according to [29] Constitution of Iraq, Article 24
the principle of administrative decentralization. With [30] Constitution of Iraq, Article 42
the two parties’ approval, federal government responsi- [31] Constitution of Iraq, Article 31
bilities may be delegated to the provinces, or vice versa. [32] Constitution of Iraq, Article 34
These decentralized provinces are headed by Provincial [33] ^ Constitution of Iraq, Article 35
Governors, Councils.
Governors elected by Provincial Councils The adminis- [34] ^ Constitution of Iraq, Article 36
trative levels within a province are defined, in descend- [35] Constitution of Iraq, Article 37
ing order, as districts, counties and villages. [36] Constitution of Iraq, Article 38
• Part Three The Capital
Three: [37] Constitution of Iraq, Article 39
[38] Constitution of Iraq, Article 40
Article 120 states that Baghdad is the Capital of the
[39] Constitution of Iraq, Article 46
Republic,
Republic within the boundaries of Baghdad Governorate.
[40] Constitution of Iraq, Article 47
The constitution makes no specific reference to the sta-
[41] Constitution of Iraq, Article 54
tus of the capital and its surrounding governorate within
[42] Constitution of Iraq, Article 58
the federal structure, stating merely that its status is to
[43] Constitution of Iraq, Article 62
be regulated by law.
[44] Constitution of Iraq, Article 63
• Part Four Local Administrations
Four:
[45] Constitution of Iraq, Article 64
Consisting solely of Article 121, Part Four simply states [46] Constitution of Iraq, Article 67
that the constitution guarantees the administrative, po- [47] Constitution of Iraq, Article 69
litical, cultural, and educational rights of the country’s [48] Constitution of Iraq, Article 70
various ethnic groups (Turkmens, Assyrians, etc.), and [49] Constitution of Iraq, Article 72
that legislation will be adopted to regulate those rights. [50] Constitution of Iraq, Article 134
[51] Constitution of Iraq, Article 139
[52] Constitution of Iraq, Article 73
References [53] Constitution of Iraq, Article 75
[1] International Crisis Group, "Unmaking Iraq: A [54] Constitution of Iraq, Article 77
Constitutional Process Gone Awry" ICG Middle East [55] Constitution of Iraq, Article 86
Policy Briefing 26 September 2005. [56] ^ Constitution of Iraq, Article 88
[2] ^ Constitution of Iraq, Article 1 [57] Constitution of Iraq, Article 87
[3] Constitution of Iraq, Article 2(1st) [58] Constitution of Iraq, Article 90
[4] Constitution of Iraq, Article 2(1st)(a) [59] Constitution of Iraq, Article 99
[5] Constitution of Iraq, Article 2(1st)(b) [60] Constitution of Iraq, Article 100
[6] Constitution of Iraq, Article 2(1st)(c) [61] Constitution of Iraq, Article 101
[7] Constitution of Iraq, Article 2(2nd) [62] Constitution of Iraq, Article 104
[8] ^ Constitution of Iraq, Article 3 [63] Constitution of Iraq, Article 107(1st)
[9] ^ Constitution of Iraq, Article 4(1st) [64] Constitution of Iraq, Article 107(3rd)
[10] Constitution of Iraq, Article 4(4th) [65] Constitution of Iraq, Article 107(4th)
[11] Constitution of Iraq, Article 4(5th) [66] Constitution of Iraq, Article 107(5th)
[12] ^ Constitution of Iraq, Article 7(1st) [67] Constitution of Iraq, Article 107(6th)
[13] Constitution of Iraq, Article 9(1st)(a) [68] Constitution of Iraq, Article 107(7th)
[14] Constitution of Iraq, Article 9(1st)(b) [69] Constitution of Iraq, Article 107(8th)
[15] Constitution of Iraq, Article 9(1st)(c) [70] Constitution of Iraq, Article 107(9th)
[71] Constitution of Iraq, Article 109
5
From Wikipedia, the free encyclopedia Constitution of Iraq
[72] ^ Constitution of Iraq, Article 111 • Iraqi constitution legal news and resources
External links Drafts of the constitution
• Final Draft, Middle East Review of International Affairs
• The Iraqi Legal Database ("fixed")
• Iraqi Local Governance Law Library • Final Draft, United Nations Educational, Scientific
• The Iraqi Higher Judicial Council and Cultural Organization ("established")
• The Iraqi Council of Ministers • First published draft, Global Policy Forum (articles
• The Iraqi Council of Representatives 30.2 and 46 missing)
• United Nations Development Programme • First published draft, USA Today (articles 30.2 and 46
• The Programme on Governance in the Arab Region missing)
• United Nations Development Programme (Iraq • First published draft, BBC (articles 30.2 and 46
Country Office) missing)
• The United Nations Assistance Mission for Iraq • Final Version, United Nations Assistance Mission in
• Global Justice Project: Iraq Iraq
• Islamic Law Primary in Iraqi Constitution
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