NationMaster - Encyclopedia: Constitution of Iraq

The current constitution of Iraq was approved by a referendum that took place on 15 October 2005. The constitution was drafted in 2005 by members of the Iraqi Constitutional 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. This article needs to be updated. ... The Presidency Council of Iraq, under the Transitional Administrative Law, serves collectively as the head of state. ... The President of Iraq is Iraqs head of state. ... Jalal Talabani (in Kurdish:ïºŸï»ªï»»ï» ïº—ïºŽï»Ÿï»ªïº‘ïºŽï»§ï»° /Celal TalebanÃ®/Jelal TalebanÃ )(in Arabic: Ø¬Ù„Ø§Ù„ Ø·Ø§Ù„Ø¨Ø§Ù†ÙŠ: jalÃ¢l tÃ¢labÃ¢nÃ®) (born 1933), Iraqi politician, was named President of Iraq on April 6, 2005 and once again on April 22, 2006 by the Iraqi National Assembly. ... The Council of Ministers of Iraq is the executive branch of the (now transitional) government of Iraq. ... Kingdom of Iraq (1921-1959) The Prime Minister of Iraq is Iraqs head of government. ... Nouri al-Maliki Nouri Kamel al-Maliki (Arabic: Ù†ÙˆØ±ÙŠ ÙƒØ§Ù…Ù„ Ø§Ù„Ù…Ø§Ù„ÙƒÙŠ, transliterated NÅ«rÄ« KÄmil al-MÄlikÄ«; born c. ... The Iraqi National Assembly is the unicameral parliament of Iraq which meets in the Iraqi capital, Baghdad. ... This article lists political parties in Iraq. ... Elections in Iraq gives information on election and election results in Iraq. ... The Independent Electoral Commission of Iraq (IECI) is Iraqs electoral commission. ... Iraqi police officers hold up their index fingers marked with purple indelible ink, a security measure to prevent double voting. ... Iraqis in the predominantly Sunni city of Husaybah, wait in lines to vote, during the national election, December 15. ... 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 Iraqi constitution of 2005. ... Iraq is divided into 18 governorates or provinces (muhafazah): The current set of governorates were established in 1976. ... Regions of Iraq is a subdivision created by the constitution that was ratified in October 2005. ... This article is in need of attention. ... It has been suggested that Human Rights Violations and the Current Iraqi Regime be merged into this article or section. ... Assyrians, Mandeans, Yezidis, Turkmens (Turkomans), Gypsies, and Kurds have allegedly not enjoyed equal status throughout the eighty-five year history of Iraq. ... Foreign aid to Iraq has increased to handle reconstruction efforts. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... 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 Iraqi constitution of 2005. ... October 15 is the 288th day of the year (289th in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... The Law of Administration for the State of Iraq for the Transitional Period is the current Iraqi constitution signed on March 8, 2004 by the Iraq Interim Governing Council. ... The Seal of the CPA in Iraq The Coalition Provisional Authority (CPA) was established as a transitional government following the invasion of Iraq by the United States, United Kingdom and the other members of the multinational coalition which was formed to oust the government of Saddam Hussein in 2003. ... For other uses, see Iraq war (disambiguation). ... It has been suggested that this article or section be merged with multinational force in Iraq. ...

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 September 25, 2006.^[1] Iraqi Islamic Party (Hizb al-Islami al-Airaqi), a Sunni political party in Iraq. ...

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, only 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. Iraq is divided into 18 governorates or provinces (muhafazah): The current set of governorates were established in 1976. ...

The drafting and adoption of the new Constitution was not without controversy, however, as sectarian tensions in Iraq figured heavily in the process. 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 generally urging the electorate to reject the constitution in the 15 October referendum, but were overwhelmingly rejected by the voters. Sunni Muslims are the largest denomination of Islam. ... In politics, an electorate is the group of people entitled to vote in an election. ... October 15 is the 288th day of the year (289th in leap years). ... A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...

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 "multiethnic, multi-religious and multi-sect country" (art. 3). The Iraqi National Assembly is the unicameral parliament of Iraq which meets in the Iraqi capital, Baghdad. ... August 28 is the 240th day of the year in the Gregorian Calendar (241st in leap years), with 125 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...

Sections and Articles

Preamble

, we are in the land of the prophets, resting place of the holy imams, the leaders of civilization and the creators of the alphabet, the cradle of arithmetic: on our land, the first law put in place by mankind was written; in our nation, the most noble era of justice in the politics of nations was laid down; on our soil, the followers of the prophet and the saints prayed, the philosophers and the scientists theorized and the writers and poets created. Associated Press, or AP, is an American news agency, the worlds largest such organization. ... Arabic calligraphy of the Basmala phrase An artistic form of Basmala in the shape of a pear Basmala (Arabic Ø¨Ø³Ù…Ù„Ø©) is an Arabic-language noun which is used as the collective name of the whole of the recurring Islamic phrase . This phrase constitutes the first verse of the first sura (or... The QurÄn [1] (Arabic: , literally the recitation; also called The Noble Quran; also transliterated as Quran, Koran (the traditional term in English), and Al-Quran), is the central religious text of Islam. ... Surat Al-Isra (Arabic: Ø³ÙˆØ±Ø© Ø§Ù„Ø¥Ø³Ø±Ø§Ø¡ ) (ie The Night Journey) is the 17th sura of the Quran . ...

In Shia terminology, takfir also refers to the practice of crossing the arms when standing upright during salat (or takattuf, called qabd by Sunnis). ...

Chapter One: Basic Principles

Democracy is a form of government under which the power to alter the laws and structures of government lies, ultimately, with the citizenry. ... For other uses, including people named Islam, see Islam (disambiguation). ... It has been suggested that Religious toleration be merged into this article or section. ... The Arabic language ( ), or simply Arabic ( ), is the largest member of the Semitic branch of the Afro-Asiatic language family (classification: South Central Semitic) and is closely related to Hebrew and Aramaic. ... It has been suggested that Kurdish blogs be merged into this article or section. ... The term Assyrian language can mean one of: Assyrian Neo-Aramaic: a language spoken in Israel, Syria, and Mesopotamia from perhaps 700 BC until now. ... Terrorist redirects here. ... Ethnic cleansing refers to various policies or practices aimed at the displacement of an ethnic group from a particular territory. ... In Shia terminology, takfir also refers to the practice of crossing the arms when standing upright during salat (or takattuf, called qabd by Sunnis). ... Baath Party flag The Arab Socialist Bath Party (also spelled Baath or Baath; Arabic: ØØ²Ø¨ Ø§Ù„Ø¨Ø¹Ø« Ø§Ù„Ø¹Ø±Ø¨ÙŠ Ø§Ù„Ø§Ø´ØªØ±Ø§ÙƒÙŠ) was founded in 1945 as a radical, secular Arab nationalist political party. ... The Islamic world is the world-wide community of those who identify with Islam, known as Muslims, and who number approximately one-and-a-half billion people. ... Arab nationalism refers to a common nationalist ideology in wider Arab world. ...

Chapter Two: Rights and Freedoms

Chapter Two details the rights and freedoms of all Iraqis. It details what determines a natural Iraqi citizen and what rights each citizen has regarding that status. Basic rights are defined regarding trial and punishment, personal liberty, ownership, health care, education, and observance of family. Personal freedoms and the right to religion, assembly, and movement are guaranteed.

Chapter Three: The Federal Authorities

Chapter Three breaks the federal government into four branches: legislative, executive, judicial, and independent associations.derka derka muhammed jihad.

In addition to creating new law, the Council of Representatives is responsible for certifying treaties and international agreements; approving high level judicial, military, and ambassadorial appointments; and approving the budget and final accounting presented by the Cabinet. The Council also elects the President of the Republic and can remove him for violating oath, constitution, or treason; it may also remove the Prime Minister in a no-confidence vote. The Council of Representatives may declare war with a two-thirds vote and requests by both the President and Prime Minister. The Council of Representatives may be dissolved by a one-third vote of the Council or on requests of both the Prime Minister and the President. Depiction of the impeachment trial of Andrew Johnson, then President of the United States, in 1868. ... A motion of no confidence, also called a motion of non-confidence, a censure motion, a no-confidence motion, or simply a confidence motion, is a parliamentary motion traditionally put before a parliament by the opposition in the hope of defeating or embarrassing a government. ...

The Council of Union is only tasked to examine bills related to regions and provinces. Its creation, powers, and dissolution are to be determined by law.

Part Two, The Executive Authority, describes the President of the Republic and the Cabinet.

These articles detail the requirements for a presidential candidate and the two-thirds vote in the Council of Representatives necessary to appoint a President of the Republic. This section specifies the President’s term, appointments, military leadership, and legislative approval powers. Described as the "symbol of the nation's unity", the president is not directly elected by the people and his powers are mostly ceremonial or protocolorary in nature, or require that he act with the approval of the prime minister or the Council of Representatives. Presidential succession goes first to the Deputy of the President of the Republic then to the president of the Council of Representatives.

(According to Article 148 of the Transitional Guidelines (see below), until the Council of Representatives enters its second period of sessions, the President of the Republic shall be replaced by a three-member Presidential Council, comprising a president and two deputy presidents, appointed in the fashion described above. The decisions of this Presidential Council are to be adopted by unanimity.)

One of the President's functions is to appoint the leader of the majority party in the Council of Representatives to serve as Prime Minister. The Prime Minister then selects the members of his Cabinet, and these ministerial appointments are subject to a confirmation vote in the Council. If the Prime Minister fails to garner support for his Cabinet within 15 days, the President selects another candidate to try to form a government.

Cabinet has the power to plan and implement the general policy of the state, propose laws and budgets, negotiate treaties, and oversee the national intelligence service and the security apparatuses. The Prime Minister has direct executive responsibility for the general policy of the nation, is the commander-in-chief of the armed forces, and presides over the Cabinet.

Part Three, The Judiciary, creates an independent judicial branch of government to oversee correct application of laws according to this constitution. The Judiciary consists of:

The Supreme Judiciary Council administers the judicial branch, nominates members of the courts and departments, and presents the judicial budget to the legislature. The Supreme Federal Court is the highest court in Iraq, oversees election results, and also rules in case of accusations against the President or Prime Minister. Private courts are banned and it is forbidden to create any law that protects an administrative action or decision from being challenged in court.

Part Four, Independent Associations creates government organizations outside of the first three branches. These are considered independent but their actions are subject to legislation and supervision by other branches. The following are established in these articles:

Chapter Four: Powers of the Federal Authorities

Chapter Four, Powers of the Federal Authorities, gives exclusive power to the federal government over:

Powers are shared with regional authorities: regional customs, electrical power, environmental policy, public planning, health, and education. Article 111 defines the breakdown of authority between the regions and the federal government: anything not written in the exclusive powers of the federal authorities is in the authority of the regions and, in the event of a dispute, priority will be given to the region's law.

Oil is defined as the property of all Iraqi people (Art. 109) and is to be managed by the federal government in conjunction with regional and provincial governments, Article 110 attempts to define how oil revenue is to be distributed among the country's regions and provinces; however, beyond stating that it be done "fairly", the constitution does not go into specifics. It also could be read as referring solely to "current" oil fields, not ones opened up in the future.

Chapter Five: Authorities of the 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.

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. Regions of Iraq is a subdivision created by the constitution that was ratified in October 2005. ... Iraq is divided into 18 governorates or provinces (muhafazah): The current set of governorates were established in 1976. ...

Art. 117 paragraph 3 is of relevance to the contentious issue of oil revenues, stating that "Regions and provinces shall be allocated an equitable share of the national revenues sufficient to discharge their responsibilities and duties, but having regard to their resources, needs and the percentage of their population."

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. Baghdad ( translit: ) is the capital of Iraq and of Baghdad Governorate. ... Baghdad Governorate (Arabic: ) in the nation of Iraq includes the city of Baghdad and the surrounding metropolitan area, including Al Mahmudiyah and the infamous Abu Ghraib. ...

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 (Turkmens, Assyrians, etc.), and that legislation will be adopted to regulate those rights. Assyrians are Aramaic-speaking Christians who consider themselves to be indigenous inhabitants of Mesopotamia, and inheritors of the ancient culture of Assyria. ...

Chapter Six: Final and Transitional Guidelines

Changes

On September 18, 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. ^[2] ^[3] ^[4] Many of the links to the Constitution use the August 24, 2005 AP wire translation; however, the American Chronicle uses a slightly different translation dated October 12, 2005. September 18 is the 261st day of the year (262nd in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...

Drafting

The constitution was drafted by a committee appointed by the Iraqi Transitional Government that was elected in January 2005. In order to include fair representative from the Sunni Arab minority, which had largely boycotted that vote, additional members were co-opted onto the committee from outside the National Assembly. This article needs to be updated. ... Sunni Islam (Arabic سنّة) is the largest denomination of Islam. ... The Arabs (Arabic: Ø¹Ø±Ø¨) are a heterogenous ethnic group who are predominantly speakers of the Arabic language, mainly found throughout the Middle East and North Africa. ...

See also: Members of the Iraqi Constitution Drafting Committee. The members of the Iraqi Constitution Drafting Committee were appointed by the Iraqi Transitional Government on 12 May 2005 to draft a new constitution for Iraq. ...

Adoption

The Constitution was adopted on 15 October 2005 in a referendum of the people. 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 Iraqi constitution of 2005. ... October 15 is the 288th day of the year (289th in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...

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 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 September 25, 2006.^[5] The government of Iraq has established a committee to consider a proposed amendment to the Constitution of Iraq. ... Iraqi Islamic Party (Hizb al-Islami al-Airaqi), a Sunni political party in Iraq. ...

References

September 16 is the 259th day of the year (260th in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... September 18 is the 261st day of the year (262nd in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...

External articles

There are two versions of the draft constitution, and many (slightly different) translations of both texts are circulating on the Internet:

1. The final draft (September 2005), which was approved by referendum, contains 139 articles. All the mentioned translations slightly differ from each other; between brackets for comparison, the word used in article 2.A stating that no law may contradict "the established/fixed/undisputed rules of Islam":

2. The first published draft (August 2005), containing 153 articles, was later amended but is still broadly circulating thanks to an Associated Press translation (wherein articles 30.2 and 46 are missing): Associated Press, or AP, is an American news agency, the worlds largest such organization. ...

3. The final version is now available with 144 articles, in both an official Arabic version and unofficial (though approved) English translation. See Wikisource for more. The original Wikisource logo. ...

Commentary

Categories: Constitution of Iraq | 2005 in law Proposed new USIP headquarters, construction to begin 2007. ... Look up December in Wiktionary, the free dictionary. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Categories: Magazines stubs | Microsoft subsidiaries | Websites | The Washington Post ... August 23 is the 235th day of the year in the Gregorian Calendar (236th in leap years), with 130 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Juan RI Cole is a professor of Modern Middle East and South Asian History in the History Department at the University of Michigan. ... August 23 is the 235th day of the year in the Gregorian Calendar (236th in leap years), with 130 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... The International Crisis Group is an international, non-profit, non-governmental organization whose mission is to prevent and resolve deadly conflicts through field-based analysis and high-level advocacy. ... Doug Ireland is an American journalist and blogger who writes frequently about gay politics. ... August 22 is the 234th day of the year in the Gregorian calendar (235th in leap years), with 131 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Juan RI Cole is a professor of Modern Middle East and South Asian History in the History Department at the University of Michigan. ... August 21 is the 233rd day of the year (234th in leap years) in the Gregorian Calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... October 17 is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Proposed new USIP headquarters, construction to begin 2007. ... Look up July in Wiktionary, the free dictionary. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ...

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