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Law of Administration for the State of Iraq

The Law of Administration for the State of Iraq for the Transitional Period (also called the transitional administrative law or TAL)is the Iraqi constitution signed on March 8, 2004 by the Iraq Interim Governing Council. It came into effect on June 28, 2004 following the official transfer of power from the Coalition Provisional Authority (led by the United States), to a sovereign Iraqi government. The Law will remain in effect until the formation of a new government (selection of a prime minister and cabinet) under the permanent constitution approved in a general referendum held on October 15, 2005. The new National Assembly elected on December 15, 2005 is expected to meet in February 2006 to form the new government. Image File history File links Current_event_marker. ... Image File history File links This is a lossless scalable vector image. ... Image File history File links Wikisource-logo. ... The original Wikisource logo. ... March 8 is the 67th day of the year in the Gregorian Calendar (68th in leap years). ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The Iraqi Governing Council. ... June 28 is the 179th day of the year (180th in leap years) in the Gregorian Calendar, with 186 days remaining. ... 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. ... The current constitution of Iraq was approved by a referendum that took place on 15 October 2005. ... Ballots of the Argentine plebiscite of 1984 on the border treaty with Chile A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally 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. ... October 15 is the 288th day of the year (289th in leap years). ... The Iraqi National Assembly is the unicameral parliament of Iraq which meets in the Iraqi capital, Baghdad. ... December 15 is the 349th day of the year (350th in leap years) in the Gregorian calendar. ...

Preamble and articles

The preamble begins:

The people of Iraq, striving to reclaim their freedom, which was usurped by the previous tyrannical regime, rejecting violence and coercion in all their forms, and particularly when used as instruments of governance, have determined that they shall hereafter remain a free people governed under the rule of law.

And contains further, "...affirming today their respect for international law, ... working to reclaim their legitimate place among nations,... have endeavored at the same time to preserve the unity of their homeland."

Article 2 provides for an Annex to this document, which was issued by the Interim Governing Council on 1 June 2004, before the beginning of the transitional period. The Annex forms an integral part of this Law, and for the most part clarifies aspects of the transitional and interim administration. June 1 is the 152nd day of the year in the Gregorian calendar (153rd in leap years), with 213 days remaining. ...

Rights

Supporters lauded the constitution's guarantees of "fundamental rights":

• equality before the law (Article 12), guaranteeing the equality of all without regard to "gender, sect, opinion, belief, nationality, religion, or origin";
• freedom of religion, though Islam is stated as the state's official religion and is to be considered a source of legislation;
• freedom of speech;
• freedom of the press;
• right to privacy;
• right to a "fair, speedy, and open trial" for all accused of crimes;
• no unlawful arrest or detention;
• torture and cruel and unusual punishment are banned "under all circumstances";
• right to private property is protected.

A lengthy provision emphasizes that police, investigators, or other governmental authorities may not violate the "sanctity of private residences." The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... Islam (Arabic:  ) is a monotheistic religion based upon the teachings of Muhammad, a 7th century Arab religious and political figure. ... Nations with state religions:  Buddhism  Islam  Shia Islam  Sunni Islam  Orthodox Christianity  Protestantism  Roman Catholic Church A state religion (also called an official religion, established church or state church) is a religious body or creed officially endorsed by the state. ... This article or section does not adequately cite its references or sources. ... Freedom of the press (or press freedom) is the guarantee by a government of free public press for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. ... The right to privacy is a purported human right and an element of various legal traditions which may restrain both government and private party action. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... Torture is defined by the United Nations Convention Against Torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he... “Cruel And Unusual” redirects here. ... This page deals with property as ownership rights. ...

Iraqis are also guaranteed the right to "education, health care, and social security." The right to possess, bear, buy, or sell arms is subject to "licensure issued in accordance with the law."

The right to citizenship is detailed and prominent within the chapter on fundamental rights. Eight provisions govern who is and isn't a citizen. Any Iraqi whose citizenship was withdrawn for political, religious, racial, or sectarian reasons has the right to reclaim his Iraqi citizenship, and each Iraqi is guaranteed the right to carry more than one citizenship. Revolutionary Command Council Decree 666, which in 1980 banned citizenship in Iraq for Iraqis of Persian origin, is explicitly annulled. Citizenship is membership in a political community (originally a city or town but now usually a country) and carries with it rights to political participation; a person having such membership is a citizen. ... 1980 (MCMLXXX) was a leap year starting on Tuesday. ... The Persian Empire was a series of historical empires that ruled over the Iranian plateau, the old Persian homeland, and beyond in Western Asia, Central Asia and the Caucasus. ...

Part of the Law of Administration's explicit rejection of Iraq's former racist policy (also explicitly referenced) is embodied in the wording "The federal system shall be based upon geographic and historical realities and the separation of powers, and not upon origin, race, ethnicity, nationality, or confession."

The Law stipulates that both Arabic and Kurdish be the official languages of Iraq. Arabic ( or just ) is the largest living member of the Semitic language family in terms of speakers. ... The Kurdish language is a language spoken in the region called Kurdistan, including Kurdish populations in parts of Iran, Iraq, Syria and Turkey. ...

Political structure

The constitution provides for a transitional National Assembly, elected on January 30, 2005. Before the January elections a transitional government was formed, taking consultation from various sectors of Iraqi society and the United Nations. The Iraqi National Assembly is the unicameral parliament of Iraq which meets in the Iraqi capital, Baghdad. ... January 30 is the 30th day of the year in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...

The government under the Transitional Law is a democratic republic, with three separate branches of government. Forms of government Part of the Politics series Politics Portal This box:      A republic is a form of government maintained by a state or country whose sovereignty is based on popular consent and whose governance is based on popular representation and control. ...

The elected National Assembly is a unicameral legislature with 275 elected members. Members selected a President of the Assembly, who serves as a non-voting speaker, and two deputies. The Assembly is the chief lawmaking organ, and is required to propose and pass bills in order to make law for the country. Unicameralism is the practice of having only one legislative or parliamentary chamber. ... It has been suggested that Speakers of the House be merged into this article or section. ... A bill is a proposed new law introduced within a legislature that has not been ratified, adopted, or received assent. ...

The Assembly also elected a President of State (the President of Iraq) who along with two deputies formed a Presidency Council to "represent the sovereignty of Iraq and oversee the higher affairs of the country." The council represents the executive branch of government and has the right to veto laws passed by the Assembly. The Assembly can then over-rule the Council with a two-thirds majority vote. The President of Iraq is Iraqs head of state. ... This article or section does not adequately cite its references or sources. ...

The Presidency Council appoints the Prime Minister of Iraq and cabinet (Council of Ministers of Iraq), all who must be approved by the Assembly. The Prime Minister and his cabinet exercise most of the day-to-day runnings of government, including control over the armed forces. The Assembly has a right to remove the Prime Minister with a vote of no confidence. Kingdom of Iraq (1921-1959) The Prime Minister of Iraq is Iraqs head of government. ... A cabinet is a body of high-ranking members of government, typically representing the executive branch. ... The Council of Ministers of Iraq is the executive branch of the (now transitional) government of Iraq. ... A Motion of No Confidence, also called Motion of Non Confidence is a parliamentary motion traditionally put before a parliament by the opposition in the hope of defeating or embarrassing a government. ...

Transitional period

The Transitional Administrative Law spelled out the steps to be taken after the transfer of sovereignty to the writing and enactment of a permanent constitution.

Article 2 stated that elections for the National Assembly should take place no later than January 31, 2005.

Article 61 stated that the Assembly should write a permanent constitution by no later than 15 August 2005. The draft permanent constitution would be presented in a referendum to the Iraqi people by 15 October 2005.

According to the TAL, the permanent constitution would be adopted if a majority of Iraqi voters approve it, and no more than 2/3 of the voters in any three provinces disapprove it. This provision was criticized by Ayatollah Al-Sistani on the grounds that it could lead to civil war if voters in the three majority Sunni Muslim provinces reject it. Grand Ayatollah Sayyid Ali Husaini al-Sistani Arabic: السيد علي الحسيني السيستاني, Persian: سید علی حسینی سیستانی;. Born approximately August 4, 1930) is a Persian Iraqi Grand Ayatollah, a Shia marja . ...

Article 61 also provided for an extension to the constitution drafting process for up to six months. If the constitution were to be rejected or if the National Assembly failed to come to agreement, the National Assembly was to be dissolved and new elections were to be held.

Judiciary

Local court justices are appointed by local governments and their "juridical councils", the Supreme Court being appointed by the Federal Government. The Supreme Court has nine members and possesses the ability to overturn legislation it finds unconstitutional. The supreme court functions as a court of last resort whose rulings cannot be challenged, in some countries, provinces and states. ...

The constitution also establishes several "National Commissions" to investigate and address recent concerns such as human rights and war crimes.

Kurdistan and Local Government

The transitional constitution recognizes the current government of Kurdistan as the legitimate government of the Kurds, and allows it to continue to exist within the new federal state. Kurdistan (Soranî: كوردستان, literally meaning the land of Kurds[2]; Ancient: Corduene, old: Koordistan, Curdistan, Kurdia, also Kurdish: ) is the name of a geographic and cultural region in the Middle East, inhabited predominantly by the Kurds. ...

Iraq elected governors and "Governorate Councils" for each of its 18 provinces, as well as elected mayors and city councils for each city. Elections were held at the same time as National Assembly elections. For other uses, see Governor (disambiguation). ... Iraq is divided into 18 provinces or governorates, called muhafazat in Arabic (singular - muhafazah): See also List of places in Iraq External link http://www. ... A mayor (from the Latin māior, meaning larger, greater) is the modern title of the highest ranking municipal officer. ...

Role of Shariah

Shariah is addressed in two ways: 1."Islam is the official religion of the State and is to be considered a source of legislation." But decisions according to Shariah may not abrogate articles or guarantees: 2."Any legal provision that conflicts with this Law is null and void." Thus the Law of Administration circumscribes Shariah. Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ...

De-Ba'athification

Former Ba'ath Party members who want to run for office are required to sign documents explicitly denouncing the party and denying they possess any continuing ties to the organization or its principles. Bath Party flag The Arab Socialist Bath Party (also spelled Baath or Baath; Arabic: حزب البعث العربي الاشتراكي) was founded in 1945 as a radical, left-wing, secular Arab nationalist political party. ...

Revenue from oil

The natural resources of Iraq are explicitly declared to belong to all the people of all the regions and governorates of Iraq. Their management is required to involve consultation with the governments of the regions and the administrations of the governorates. Revenue resulting from their sale through the national budget is required to be distributed in an equitable manner proportional to the distribution of population throughout the country, and with "due regard for areas that were unjustly deprived of these revenues by the previous regime."

Enforcement of Coalition-Created Laws

Section A of Article 26 of the Law of Administration reads:

"Except as otherwise provided in this Law, the laws in force in Iraq on 30 June 2004 shall remain in effect unless and until rescinded or amended by the Iraqi Transitional Government in accordance with this Law."

This appears to permit the Transitional Government to modify coalition legislation or parts of the Law of Administration "by a three-fourths majority of the members of the National Assembly and the unanimous approval of the Presidency Council". The Transitional Government, however, may not change the transitional period or remove human rights, nor may they delay the next elections by more than six months. June 30 is the 181st day of the year (182nd in leap years) in the Gregorian calendar, with 184 days remaining. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...

Significantly, the elected Transitional Government is not bound by the clause in the Annex to the Law of Administration which prevented the appointed Interim Government from "taking any actions affecting Iraq's destiny beyond the limited interim period".

Initial response to the document

Unlike Japan's post-war constitution, which was written almost single-handedly by the staff of General Douglas MacArthur, who was commanding the occupation forces, Iraq's new interim constitution was created by Iraqi civilians. Some critics within Iraq nevertheless say administrator Paul Bremer played too large a role in its creation. Douglas MacArthur (January 26, 1880 - April 5, 1964), was an American general who played a prominent role in the Pacific theater of World War II. He was poised to command the invasion of Japan in November 1945 but was instead instructed to accept their surrender on September 2, 1945. ... L. Paul Bremer Lewis Paul Bremer III, also known as Jerry Bremer, (born September 30, 1941) was named Director of Reconstruction and Humanitarian Assistance for post-war Iraq following the 2003 invasion of Iraq to replace Jay Garner on May 6, 2003. ...

Within hours, Shi'ite leaders warned that the Law of Administration could cause problems in the long term, with one senior cleric saying a clause on federalism has the potential to provoke civil war. Federalism is addressed in Ch. 8, articles 52 - 58.

It was also noted by several commentators that, in theory, this Iraqi constitution grants more social rights than the Constitution of the United States. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...

External links

• Full translation into English
• Translation of Annex to the Law of Administration
• Iraq's transitional law under attack
• Full text of Iraqi Interim Constitution (1970-2004) translated to English