Constitution of Iraq
Encyclopedia
The Constitution of Iraq is Iraq
's fundamental law
.
was adopted. In 1990, a draft constitution was prepared but never promulgated due to the onset of the Gulf War
.
The current constitution was approved by a referendum
that took place on 15 October 2005. The constitution was drafted in 2005 by members of the Iraqi Constitution Drafting Committee to replace the Law of Administration for the State of Iraq for the Transitional Period
(the "TAL"). The TAL was drafted between December 2003 and March 2004 by the Iraqi Governing Council, an appointed body that was selected by the Coalition Provisional Authority
after the Iraq War and occupation of Iraq
by the United States
and Coalition
forces.
Under a compromise brokered before the referendum, it was agreed that the first parliament that was to be elected pursuant to the new constitution would institute a Constitutional Review Committee with a view to determine whether the constitution should be amended. Any amendments agreed would have to be ratified by a similar referendum to the one that originally approved it. After this agreement was entered into, the Sunni-majority Iraqi Islamic Party
agreed to back a Yes vote in the referendum that took place on October 15, 2005. The Constitutional Review Committee was constituted by the Iraqi parliament on 25 September 2006.
Electoral Commission officials said at a news conference that 78 percent of voters backed the charter and 21 percent opposed it. Of the 18 provinces
, two recorded "No" votes greater than two thirds, one province short of a veto. A two-thirds rejection vote in three of the country's 18 provinces (of which three—Mosul, Anbar, and Salahaddin—are thought to include Sunni majorities) would have required the dissolution of the Assembly, fresh elections, and the recommencement of the entire drafting process. Turnout in the referendum was 63 percent, commission officials had previously said.
The drafting and adoption of the new Constitution was not without controversy, however, as sectarian tensions in Iraq figured heavily in the process. The chairman of the drafting committee, Humam Hamoudi
, who is a leader in the military wing of the Supreme Islamic Iraqi Council (the Badr Organisation), regularly made statements which were interpreted as meaning that there would be no compromises on Sunni demands. The deadline for the conclusion of drafting was extended on four occasions because of the lack of consensus on religious language. In the end, only three of the 15 Sunni members of the drafting committee attended the signing ceremony, and none of them signed it. Sunni leaders were split as to whether to support the constitution. Saleh al-Mutlaq
, the chief Sunni negotiator, urged followers of his Hewar Front to vote against it, but the biggest Sunni block, the Iraqi Accord Front did support the document after receiving promises that it would be reviewed and amended, taking into account their views. A Constitution Amendment Committee has been set up in this regard, but the progress has been slow. Notably, the same controversial figure who chaired the drafting committee, Humam Hamoudi, is chairing the amendment committee as well.
The text of the proposed constitution was read to the National Assembly
on Sunday 28 August 2005. It describes the state as a "democratic, federal, representative republic" (art. 1) (however, the division of powers is to be deferred until the first parliament convenes), and a "multi-ethnic, multi-religious and multi-sect country" (art. 3).
's Transitional Administrative Law, appointed a Constitutional Committee for the purpose of preparing a draft constitution by August 15, 2005. The Committee was initially made up of 55 members, all of whom were drawn from the Transitional National Assembly, but its membership was eventually expanded beyond the Assembly's numbers, in order to allow representatives from the Sunni Arab community to participate (given that the latter had boycotted the elections that gave rise to the Transitional National Assembly).
According to the Transitional Administrative Law, the Constitutional Committee was obliged to complete its work by 15 August 2005, and for the draft to be submitted to a referendum by 15 October 2005. However, by the beginning of August 2005, all parties were in agreement that a final agreement on some of the Constitution's most important elements, including federalism, was still far from complete. As a result, the Committee was effectively dissolved and replaced by an ad hoc body (referred to as the "Leadership Council"), which was composed of approximately 6 members and which continued to negotiate the constitution's final terms until three days before the referendum date.
agreed to back a Yes vote in the referendum that took place on 15 October 2005. The Constitutional Review Committee was constituted by the Iraqi parliament on 25 September 2006.
On 18 September 2005, several changes to the text of the constitution were approved by Iraq's parliament, and will be included in the version published for ratification by the public. Also, a new compromise was made which caused many Sunni groups to support the constitution.
Many of the links to the Constitution use the 24 August 2005 AP wire translation; however, the American Chronicle uses a slightly different translation dated 12 October 2005.
, equality before the law
, equal opportunity
, privacy
, inalienable nationality
and dual nationality, judicial independence
, the prohibition on criminal ex post facto law
s, right to counsel
, a public trial
unless the court decides to make it a secret trial
, a presumption of innocence
, the right to participate in public affairs and the right to vote, to elect and to nominate, freedom from extradition
, political asylum, "economic, social and cultural liberties", the right to work
, the right to join trade union
s, ownership of personal property
, eminent domain
powers, rights similar to the Four Freedoms (European Union)
, minimum wage
, universal health care
, free education
, dignity
, freedom from psychological and physical torture and inhumane treatment and the right to compensation, freedom from "compulsory service", limited freedom of expression, freedom of the press
, and freedom of assembly
, the right to engage in sports, limited freedom of forming and of joining associations and political parties, requirement of warrants
for wiretaps, freedom of religion
, freedom of thought, conscience and belief.
The Council of Representatives is the main elected body of Iraq. The Constitution defines the "number of members at a ratio of one representative per 100,000 Iraqi persons representing the entire Iraqi people." The members are elected for terms of 4 years.
The council elects the President of Iraq
; approves the appointment of the members of the Federal Court of Cassation, the Chief Public Prosecutor, and the President of Judicial Oversight Commission on proposal by the Higher Juridical Council; and approves the appointment of the Army Chief of Staff, his assistants and those of the rank of division commanders and above, and the director of the intelligence service, on proposal by the Cabinet.
The Federation Council is composed of representatives from the regions and the governorates that are not organized in a region. The council is regulated in law by the Council of Representatives.
and the Council of Ministers
.
The President of the Republic is the head of state
and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution." The President is elected by the Council of Representatives by a two-thirds majority, and is limited to two four-year terms. The President ratifies treaties and laws passed by the Council of Representatives, issues pardon
s on the recommendation of the Prime Minister
, and performs the "duty of the Higher Command of the armed forces for ceremonial and honorary purposes."
There also exists a Vice President which shall assume the office of the President in case of his absence or removal.
The Presidency Council
is an entity currently operating under the auspices of the "transitional provisions" of the Constitution. According to the Constitution, the Presidency Council functions in the role of the President until one successive term after the Constitution is ratified and a government is seated.
The Council of Ministers is composed of the Prime Minister
and his cabinet
. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet. The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander-in-chief
of the armed forces, directs the Council of Ministers, and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives.
The cabinet is responsible for overseeing their respective ministries, proposing laws, preparing the budget, negotiating and signing international agreements and treaties, and appointing undersecretaries, ambassadors, the Chief of Staff of the Armed Forces and his assistants, Division Commanders or higher, the Director of the National Intelligence Service, and heads of security institutions.
, the Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated by law. One such court is the Central Criminal Court
.
The Higher Judicial Council manages and supervises the affairs of the federal judiciary. It oversees the affairs of the various judicial committees, nominates the Chief Justice and members of the Court of Cassation, the Chief Public Prosecutor, and the Chief Justice of the Judiciary Oversight Commission, and drafts the budget of the judiciary.
The Supreme Court is an independent judicial body that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final court of appeals
, settles disputes amongst or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.
The Central Criminal Court of Iraq is the main criminal court
of Iraq
. The CCCI is based on an inquisitorial system
and consists of two chambers: an investigative court, and a criminal court.
are independent commissions subject to monitoring by the Council of Representatives. The Central Bank of Iraq
, the Board of Supreme Audit, the Communications and Media Commission
, and the Endowment Commission are financially and administratively independent institutions. The Foundation of Martyrs is attached to the Council of Ministers. The Federal Public Service Council regulates the affairs of the federal public service, including appointment and promotion.
Powers shared with regional authorities:
All powers not exclusively granted to the federal government are powers of the regions and governorates that are not organized in a region. Priority is given to regional law in case of conflict between other powers shared between the federal government and regional governments.
The country's future Regions are to be established from its current 18 governorates
(or provinces). Any single province, or group of provinces, is entitled to request that it be recognized as a region, with
such a request being made by either two-thirds of the members of the provincial councils in the provinces involved or by one-tenth of the registered voters in the province(s) in question.
Provinces that are unwilling or unable to join a region still enjoy enough autonomy and resources to enable them to manage their own internal affairs according to the principle of administrative decentralization. With the two parties' approval, federal government responsibilities may be delegated to the provinces, or vice versa. These decentralized provinces are headed by Provincial Governors, elected by Provincial Councils. The administrative levels within a province are defined, in descending order, as districts, counties and villages.
Article 120 states that Baghdad
is the Capital of the Republic, within the boundaries of Baghdad Governorate. The constitution makes no specific reference to the status of the capital and its surrounding governorate within the federal structure, stating merely that its status is to be regulated by law.
Consisting solely of Article 121, Part Four simply states that the constitution guarantees the administrative, political, cultural, and educational rights of the country's various ethnic groups (Turkmen
s, Assyrians
, etc.), and that legislation will be adopted to regulate those rights.
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
's fundamental law
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
.
History
Iraq's first constitution, which established a constitutional monarchy, entered into force under the auspices of a British military occupation in 1925 and remained in effect until the 1958 revolution established a republic. Interim constitutions were adopted in 1958, 1963, 1964, 1968, and 1970, the last remaining in effect de jure until the Transitional Administrative LawLaw of Administration for the State of Iraq for the Transitional Period
The Law of Administration for the State of Iraq for the Transitional Period , was Iraq's provisional constitution following the 2003 Iraq War. It was signed on March 8, 2004 by the Iraqi Governing Council...
was adopted. In 1990, a draft constitution was prepared but never promulgated due to the onset of the Gulf War
Gulf War
The Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...
.
The current constitution was approved by a referendum
Iraqi constitution ratification vote, 2005
The electorate of Iraq went to the polls on 15 October 2005 to vote in a referendum on whether or not to ratify the proposed constitution of Iraq. After 10 days of counting votes, the country's electoral commission announced that the constitution had been approved by a wide margin nationwide...
that took place on 15 October 2005. The constitution was drafted in 2005 by members of the Iraqi Constitution Drafting Committee to replace the Law of Administration for the State of Iraq for the Transitional Period
Law of Administration for the State of Iraq for the Transitional Period
The Law of Administration for the State of Iraq for the Transitional Period , was Iraq's provisional constitution following the 2003 Iraq War. It was signed on March 8, 2004 by the Iraqi Governing Council...
(the "TAL"). The TAL was drafted between December 2003 and March 2004 by the Iraqi Governing Council, an appointed body that was selected by the Coalition Provisional Authority
Coalition Provisional Authority
The Coalition Provisional Authority was established as a transitional government following the invasion of Iraq by the United States and its allies, members of the Multi-National Force – Iraq which was formed to oust the government of Saddam Hussein in 2003...
after the Iraq War and occupation of Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Coalition
Coalition of the willing
The term coalition of the willing is a post-1990 political phrase used to collectively describe participants in military or military-humanitarian interventions for which the United Nations Security Council cannot agree to mount a full UN peacekeeping operation...
forces.
Under a compromise brokered before the referendum, it was agreed that the first parliament that was to be elected pursuant to the new constitution would institute a Constitutional Review Committee with a view to determine whether the constitution should be amended. Any amendments agreed would have to be ratified by a similar referendum to the one that originally approved it. After this agreement was entered into, the Sunni-majority Iraqi Islamic Party
Iraqi Islamic Party
The Iraqi Islamic Party is currently the largest Sunni Islamist political party in Iraq as well as the most prominent member of the Iraqi Accord Front political coalition. It is currently part of the government of Prime Minister Nouri al-Maliki...
agreed to back a Yes vote in the referendum that took place on October 15, 2005. The Constitutional Review Committee was constituted by the Iraqi parliament on 25 September 2006.
Electoral Commission officials said at a news conference that 78 percent of voters backed the charter and 21 percent opposed it. Of the 18 provinces
Governorates of Iraq
||Iraq is composed of 18 provinces :#Baghdād #Salāh ad-Dīn #Diyālā #Wāsit #Maysān #Al-Basrah #Dhī Qār #Al-Muthannā #Al-Qādisiyyah...
, two recorded "No" votes greater than two thirds, one province short of a veto. A two-thirds rejection vote in three of the country's 18 provinces (of which three—Mosul, Anbar, and Salahaddin—are thought to include Sunni majorities) would have required the dissolution of the Assembly, fresh elections, and the recommencement of the entire drafting process. Turnout in the referendum was 63 percent, commission officials had previously said.
The drafting and adoption of the new Constitution was not without controversy, however, as sectarian tensions in Iraq figured heavily in the process. The chairman of the drafting committee, Humam Hamoudi
Humam Hamoudi
Humam Hamoudi is one of the most important figures in Iraqi politics. He is a member of the Council of Representatives of Iraq representing the United Iraqi Alliance...
, who is a leader in the military wing of the Supreme Islamic Iraqi Council (the Badr Organisation), regularly made statements which were interpreted as meaning that there would be no compromises on Sunni demands. The deadline for the conclusion of drafting was extended on four occasions because of the lack of consensus on religious language. In the end, only three of the 15 Sunni members of the drafting committee attended the signing ceremony, and none of them signed it. Sunni leaders were split as to whether to support the constitution. Saleh al-Mutlaq
Saleh al-Mutlaq
Saleh Muhammed al-Mutlaq is an Iraqi politician who is the head of Iraqi Front for National Dialogue, the fifth largest political list in Iraq's parliament. Since 21 December 2010, he has been one of the three deputy prime ministers of Iraq....
, the chief Sunni negotiator, urged followers of his Hewar Front to vote against it, but the biggest Sunni block, the Iraqi Accord Front did support the document after receiving promises that it would be reviewed and amended, taking into account their views. A Constitution Amendment Committee has been set up in this regard, but the progress has been slow. Notably, the same controversial figure who chaired the drafting committee, Humam Hamoudi, is chairing the amendment committee as well.
The text of the proposed constitution was read to the National Assembly
National Assembly of Iraq
The Council of Representatives of Iraq is the main elected body of representatives in Iraq. It is currently composed of 325 seats and meets in Baghdad inside the International Zone . It is governed by bylaws that can be found -The monarchy:...
on Sunday 28 August 2005. It describes the state as a "democratic, federal, representative republic" (art. 1) (however, the division of powers is to be deferred until the first parliament convenes), and a "multi-ethnic, multi-religious and multi-sect country" (art. 3).
Drafting
The Transitional National Assembly, which was elected in January 2005 pursuant to the Coalition Provisional AuthorityCoalition Provisional Authority
The Coalition Provisional Authority was established as a transitional government following the invasion of Iraq by the United States and its allies, members of the Multi-National Force – Iraq which was formed to oust the government of Saddam Hussein in 2003...
's Transitional Administrative Law, appointed a Constitutional Committee for the purpose of preparing a draft constitution by August 15, 2005. The Committee was initially made up of 55 members, all of whom were drawn from the Transitional National Assembly, but its membership was eventually expanded beyond the Assembly's numbers, in order to allow representatives from the Sunni Arab community to participate (given that the latter had boycotted the elections that gave rise to the Transitional National Assembly).
According to the Transitional Administrative Law, the Constitutional Committee was obliged to complete its work by 15 August 2005, and for the draft to be submitted to a referendum by 15 October 2005. However, by the beginning of August 2005, all parties were in agreement that a final agreement on some of the Constitution's most important elements, including federalism, was still far from complete. As a result, the Committee was effectively dissolved and replaced by an ad hoc body (referred to as the "Leadership Council"), which was composed of approximately 6 members and which continued to negotiate the constitution's final terms until three days before the referendum date.
Adoption
The Constitution was adopted on 15 October 2005 in a referendum of the people.Amendment
Under a compromise brokered before the referendum, it was agreed that the first parliament that was to be elected pursuant to the new constitution would institute a Constitutional Review Committee with a view to determine whether the constitution should be amended. Any amendments agreed would have to be ratified by a similar referendum to the one that originally approved it. After this agreement was entered into, the Sunni-majority Iraqi Islamic PartyIraqi Islamic Party
The Iraqi Islamic Party is currently the largest Sunni Islamist political party in Iraq as well as the most prominent member of the Iraqi Accord Front political coalition. It is currently part of the government of Prime Minister Nouri al-Maliki...
agreed to back a Yes vote in the referendum that took place on 15 October 2005. The Constitutional Review Committee was constituted by the Iraqi parliament on 25 September 2006.
On 18 September 2005, several changes to the text of the constitution were approved by Iraq's parliament, and will be included in the version published for ratification by the public. Also, a new compromise was made which caused many Sunni groups to support the constitution.
Many of the links to the Constitution use the 24 August 2005 AP wire translation; however, the American Chronicle uses a slightly different translation dated 12 October 2005.
Basic principles
The Constitution sets out a multitude of basic assertions (unfortunately because of last minute changes to the constitution, most of the footnote references below to specific articles in the constitution are inaccurate):- Iraq is an independent nation.
- The system of government is a democratic, federalFederationA federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
, representativeRepresentative democracyRepresentative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...
, parliamentary republicRepublicA republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
. - IslamIslamIslam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
is the state religionState religionA state religion is a religious body or creed officially endorsed by the state...
and a basic foundation for the country's laws, and no law may contradict the established provisions of Islam. - No law that contradicts the principles of democracy may be established.
- No law that contradicts the rights and basic freedoms may be established.
- The Islamic identity of the majority of the Iraqi people and the full religious rights for all individuals and the freedom of creed and religious practices is guaranteed.
- Iraq is part of the Islamic world and its Arab citizens are part of the Arab nationArab nationalismArab nationalism is a nationalist ideology celebrating the glories of Arab civilization, the language and literature of the Arabs, calling for rejuvenation and political union in the Arab world...
. - Iraq is a multiethnic, multi-religious and multi-sect country and ArabicArabic languageArabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
and KurdishKurdish languageKurdish is a dialect continuum spoken by the Kurds in western Asia. It is part of the Iranian branch of the Indo-Iranian group of Indo-European languages....
are the official languages. Iraqis are guaranteed the right to educate their children in their mother tongues, such as Turkmen and AssyrianAssyrian Neo-AramaicAssyrian Neo-Aramaic is a Neo-Aramaic dialect, spoken by an estimated 220,000 people , formerly in the area between Lake Urmia, north-western Iran, and Siirt, south-eastern Turkey, but now more widely throughout the...
, in government educational institutions, or any other language in private educational institutions, according to educational regulations. - The Turkomen and Assyrian languages will be official in the areas where they are located. Any region or province can take a local language as an additional official language if a majority of the population approves in a general referendum.
- Entities or trends may not advocate, instigate, justify or propagate racism, terrorism, "takfir" (declaring someone an infidel), or sectarian cleansing. The "Saddamist Ba'ath PartyBaath PartyThe Arab Socialist Ba'ath Party was a political party mixing Arab nationalist and Arab socialist interests, opposed to Western imperialism, and calling for the renaissance or resurrection and unification of the Arab world into a single state. Ba'ath is also spelled Ba'th or Baath and means...
", regardless of the name that it adopts, is specifically banned. - The country has a military and security services under the command of the civil authority, and will not interfere in politics, or be used in the transfer of authority. Militias are prohibited. Military officials may not hold office.
- The constitution is the highest law of the land. No law may be passed that contradicts the constitution.
Rights and freedoms
The Constitution defines many rights and freedoms, and incorporates laws in many subject areas into the Constitution. It guarantees the rule of lawRule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
, equality before the law
Equality before the law
Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws....
, equal opportunity
Equal opportunity
Equal opportunity, or equality of opportunity, is a controversial political concept; and an important informal decision-making standard without a precise definition involving fair choices within the public sphere...
, privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
, inalienable nationality
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
and dual nationality, judicial independence
Judicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...
, the prohibition on criminal ex post facto law
Ex post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
s, right to counsel
Right to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
, a public trial
Public trial
Public trial or open trial is a trial open to public, as opposed to the secret trial. The term should not be confused with show trial.-United States:...
unless the court decides to make it a secret trial
Secret trial
A secret trial is a trial that is not open to the public, nor generally reported in the news, especially any in-trial proceedings. Generally no official record of the case or the judge's verdict is made available. Often there is no indictment...
, a presumption of innocence
Presumption of innocence
The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...
, the right to participate in public affairs and the right to vote, to elect and to nominate, freedom from extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
, political asylum, "economic, social and cultural liberties", the right to work
Right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...
, the right to join trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s, ownership of personal property
Personal property
Personal property, roughly speaking, is private property that is moveable, as opposed to real property or real estate. In the common law systems personal property may also be called chattels or personalty. In the civil law systems personal property is often called movable property or movables - any...
, eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
powers, rights similar to the Four Freedoms (European Union)
Four Freedoms (European Union)
The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...
, minimum wage
Minimum wage
A minimum wage is the lowest hourly, daily or monthly remuneration that employers may legally pay to workers. Equivalently, it is the lowest wage at which workers may sell their labour. Although minimum wage laws are in effect in a great many jurisdictions, there are differences of opinion about...
, universal health care
Universal health care
Universal health care is a term referring to organized health care systems built around the principle of universal coverage for all members of society, combining mechanisms for health financing and service provision.-History:...
, free education
Free education
Free education refers to education that is funded through taxation, or charitable organizations rather than tuition fees. Although primary school and other comprehensive or compulsory education is free in many countries, for example, all education is mostly free including...
, dignity
Dignity
Dignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights...
, freedom from psychological and physical torture and inhumane treatment and the right to compensation, freedom from "compulsory service", limited freedom of expression, freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, and freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
, the right to engage in sports, limited freedom of forming and of joining associations and political parties, requirement of warrants
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
for wiretaps, freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, freedom of thought, conscience and belief.
The Federal Government
The federal government is composed of the executive, legislative, and judicial branches, as well as numerous independent commissions.Legislative branch
The legislative branch is composed of the Council of Representatives and the Federation Council.Council of Representatives
The Council of Representatives is the main elected body of Iraq. The Constitution defines the "number of members at a ratio of one representative per 100,000 Iraqi persons representing the entire Iraqi people." The members are elected for terms of 4 years.
The council elects the President of Iraq
President of Iraq
The President of Iraq is the head of state of Iraq and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution." The President is elected by the Council of...
; approves the appointment of the members of the Federal Court of Cassation, the Chief Public Prosecutor, and the President of Judicial Oversight Commission on proposal by the Higher Juridical Council; and approves the appointment of the Army Chief of Staff, his assistants and those of the rank of division commanders and above, and the director of the intelligence service, on proposal by the Cabinet.
Federation Council
The Federation Council is composed of representatives from the regions and the governorates that are not organized in a region. The council is regulated in law by the Council of Representatives.
Executive branch
The executive branch is composed of the PresidentPresident of Iraq
The President of Iraq is the head of state of Iraq and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution." The President is elected by the Council of...
and the Council of Ministers
Council of Ministers of Iraq
The Cabinet of Iraq is the executive branch of the government of Iraq.The National Assembly of Iraq elects a President of State who along with two deputies form the Presidency Council. The Presidency Council appoints the Prime Minister who appoints the Council of Ministers, all of whom must be...
.
President
The President of the Republic is the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution." The President is elected by the Council of Representatives by a two-thirds majority, and is limited to two four-year terms. The President ratifies treaties and laws passed by the Council of Representatives, issues pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s on the recommendation of the Prime Minister
Prime Minister of Iraq
The Prime Minister of Iraq is Iraq's head of government. Prime Minister was originally an appointed office, subsidiary to the head of state, and the nominal leader of the Iraqi parliament. Under the newly adopted constitution the Prime Minister is to be the country's active executive authority...
, and performs the "duty of the Higher Command of the armed forces for ceremonial and honorary purposes."
There also exists a Vice President which shall assume the office of the President in case of his absence or removal.
The Presidency Council
Presidency Council of Iraq
The Presidency Council of Iraq is an entity currently operating under the auspices of the "transitional provisions" of the Constitution of Iraq and previously under the Transitional Administrative Law....
is an entity currently operating under the auspices of the "transitional provisions" of the Constitution. According to the Constitution, the Presidency Council functions in the role of the President until one successive term after the Constitution is ratified and a government is seated.
Council of Ministers
The Council of Ministers is composed of the Prime Minister
Prime Minister of Iraq
The Prime Minister of Iraq is Iraq's head of government. Prime Minister was originally an appointed office, subsidiary to the head of state, and the nominal leader of the Iraqi parliament. Under the newly adopted constitution the Prime Minister is to be the country's active executive authority...
and his cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet. The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander-in-chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
of the armed forces, directs the Council of Ministers, and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives.
The cabinet is responsible for overseeing their respective ministries, proposing laws, preparing the budget, negotiating and signing international agreements and treaties, and appointing undersecretaries, ambassadors, the Chief of Staff of the Armed Forces and his assistants, Division Commanders or higher, the Director of the National Intelligence Service, and heads of security institutions.
Judicial branch
The federal judiciary is composed of the Higher Judicial Council, the Supreme CourtSupreme Court of Iraq
The Supreme Court of Iraq is the independent judicial body of Iraq that interprets the constitution and determines the constitutionality of laws and regulations...
, the Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated by law. One such court is the Central Criminal Court
Central Criminal Court of Iraq
The Central Criminal Court of Iraq, or CCCI, is a criminal court of Iraq. The CCCI is based on an inquisitorial system and consists of two chambers: an investigative court and a criminal court...
.
Higher Judicial Council
The Higher Judicial Council manages and supervises the affairs of the federal judiciary. It oversees the affairs of the various judicial committees, nominates the Chief Justice and members of the Court of Cassation, the Chief Public Prosecutor, and the Chief Justice of the Judiciary Oversight Commission, and drafts the budget of the judiciary.
Supreme Court
The Supreme Court is an independent judicial body that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final court of appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
, settles disputes amongst or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.
Central Criminal Court
The Central Criminal Court of Iraq is the main criminal court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
of Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
. The CCCI is based on an inquisitorial system
Inquisitorial system
An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense...
and consists of two chambers: an investigative court, and a criminal court.
Independent commissions and institutions
The High Commission for Human Rights, the Independent Electoral High Commission, and the Commission on Public IntegrityCommission on Public Integrity
The Iraqi Commission on Integrity , formerly known as the Commission on Public Integrity , is an independent commission within the government of Iraq tasked with preventing and investigating corruption at all levels of the Iraqi government nationwide...
are independent commissions subject to monitoring by the Council of Representatives. The Central Bank of Iraq
Central Bank of Iraq
-History:The Central Bank of Iraq was established as Iraq's central bank by Central Bank of Iraq Law 2004 with authorised capital of 100 billion dinars. The current Governor of the Central Bank of Iraq is Sinan Al Shabibi.-Architecture:...
, the Board of Supreme Audit, the Communications and Media Commission
Iraqi Communications and Media Commission
The National Communications and Media Commission of Iraq was established in 2004 to monitor media and communications in Iraq....
, and the Endowment Commission are financially and administratively independent institutions. The Foundation of Martyrs is attached to the Council of Ministers. The Federal Public Service Council regulates the affairs of the federal public service, including appointment and promotion.
Powers of the Federal Government
The federal government has exclusive power over:- Foreign policy and negotiation
- Fiscal and customs policy, currency, inter-regional and inter-governate trade policy, monetary policy, and administering a central bank
- Standards and weights, naturalization, the radio spectrum, and the mail
- The national budget
- Water policies
- The Census
- Welfare programs
- Management of oil and gas, in cooperation with the governments of the producing regions and governates
Powers shared with regional authorities:
- regional customs
- electrical power
- environmental policy
- public planning
- health, and education
All powers not exclusively granted to the federal government are powers of the regions and governorates that are not organized in a region. Priority is given to regional law in case of conflict between other powers shared between the federal government and regional governments.
Regions
Chapter Five, Authorities of the Regions, describes the form of Iraq's federation. It begins by stating that the republic's federal system is made up of the capital, regions, decentralized provinces, and local administrations.-
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- Part One: Regions
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The country's future Regions are to be established from its current 18 governorates
Governorates of Iraq
||Iraq is composed of 18 provinces :#Baghdād #Salāh ad-Dīn #Diyālā #Wāsit #Maysān #Al-Basrah #Dhī Qār #Al-Muthannā #Al-Qādisiyyah...
(or provinces). Any single province, or group of provinces, is entitled to request that it be recognized as a region, with
such a request being made by either two-thirds of the members of the provincial councils in the provinces involved or by one-tenth of the registered voters in the province(s) in question.
-
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- Part Two: Provinces not organized into a Region
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Provinces that are unwilling or unable to join a region still enjoy enough autonomy and resources to enable them to manage their own internal affairs according to the principle of administrative decentralization. With the two parties' approval, federal government responsibilities may be delegated to the provinces, or vice versa. These decentralized provinces are headed by Provincial Governors, elected by Provincial Councils. The administrative levels within a province are defined, in descending order, as districts, counties and villages.
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- Part Three: The Capital
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Article 120 states that Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
is the Capital of the Republic, within the boundaries of Baghdad Governorate. The constitution makes no specific reference to the status of the capital and its surrounding governorate within the federal structure, stating merely that its status is to be regulated by law.
Consisting solely of Article 121, Part Four simply states that the constitution guarantees the administrative, political, cultural, and educational rights of the country's various ethnic groups (Turkmen
Iraqi Turkmen
The Iraqi Turkmen are an ethnic group who mainly reside in northern Iraq. Estimates of their numbers vary dramatically, in accordance with Iraq's assimilation policies no realistic and independent census results have been revealed regarding the Iraqi Turkmen population...
s, Assyrians
Assyrian people
The Assyrian people are a distinct ethnic group whose origins lie in ancient Mesopotamia...
, etc.), and that legislation will be adopted to regulate those rights.
External links
- The Iraqi Legal Database
- Iraqi Local Governance Law Library
- The Iraqi Higher Judicial Council
- The Iraqi Council of Ministers
- The Iraqi Council of Representatives
- United Nations Development Programme
- The Programme on Governance in the Arab Region
- United Nations Development Programme (Iraq Country Office)
- The United Nations Assistance Mission for Iraq
- Global Justice Project: Iraq
- Islamic Law Primary in Iraqi Constitution
- Iraqi constitution legal news and resources
Drafts of the constitution
- Final Draft, Middle East Review of International AffairsMiddle East Review of International AffairsMiddle East Review of International Affairs is a quarterly journal on Middle East issues edited by Barry Rubin and published by the Global Research in International Affairs Center of the Interdisciplinary Center in Herzliya, Israel, which he also owns and directs.The GLORIA Center also publishes...
("fixed") - Final Draft, United Nations Educational, Scientific and Cultural Organization ("established")
- First published draft, Global Policy Forum (articles 30.2 and 46 missing)
- First published draft, USA TodayUSA TodayUSA Today is a national American daily newspaper published by the Gannett Company. It was founded by Al Neuharth. The newspaper vies with The Wall Street Journal for the position of having the widest circulation of any newspaper in the United States, something it previously held since 2003...
(articles 30.2 and 46 missing) - First published draft, BBCBBCThe British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
(articles 30.2 and 46 missing) - Final Version, United Nations Assistance Mission in IraqUnited Nations Assistance Mission in IraqThe United Nations Assistance Mission in Iraq is an entity that was formed by the United Nations in Security Council Resolution 1500 on 14 August 2003.-Mandate:...