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The
current constitution of Iraq was approved by Iraqi
constitution ratification vote, 2005 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 of the willing 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 of Iraq|
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.
The
text of the proposed constitution was read to the
National Assembly of Iraq| 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.
Iraq's
first, monarchical, constitution was imposed by the
British authorities 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, until the Law of
Administration for the State of Iraq for the
Transitional Period Transitional Administrative Law was
adopted. In 1990, a draft constitution was prepared but
never promulgated due to the onset of the Gulf War.
Preamble
In the
name of Allah, the Compassionate, the Merciful
"Verily we have honored the children of Adam" ((Qur'an)
(Al-Isra|17:70))
We the
sons of Mesopotamia, 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.
Recognizing Allah's right upon us; obeying the call of
our nation and our citizens; responding to the call of
our religious and national leaders and the insistence of
our great religious authorities and our leaders and our
reformers, we went by the millions for the first time in
our history to the ballot box, men and women, young and
old, on 30 January 2005, remembering the pains of the
despotic band's sectarian oppression of the majority;
inspired by the suffering of Iraq's martyrs Sunni and
Shiite, Arab, Kurd and Turkmen, and the remaining
brethren in all communities inspired by the injustice
against the holy cities in the popular uprising and
against the marshes and other places; recalling the
agonies of the national oppression in the massacres of
Halabja, Barzan, Anfal and against the Faili Kurds;
inspired by the tragedies of the Turkmen in Bashir and
the suffering of the people of the western region, whom
the terrorists and their allies sought to take hostage
and prevent from participating in the elections and the
establishment of a society of peace, brotherhood and
cooperation so we can create a new Iraq, Iraq of the
future, without sectarianism, racial conflict,
regionalism, discrimination or isolation.
Terrorism and (takfir) '' (declaring someone an
infidel)'' did not divert us from moving forward to
build a nation of law. Sectarianism and racism did not
stop us from marching together to strengthen our
national unity, set ways to peacefully transfer power,
adopt a manner to fairly distribute wealth and give
equal opportunity to all.
We the
people of Iraq, newly arisen from our disasters and
looking with confidence to the future through a
democratic, federal, republican system, are determined
men and women, old and young to respect the rule of
law, reject the policy of aggression, pay attention to
women and their rights, the elderly and their cares, the
children and their affairs, spread the culture of
diversity and defuse terrorism.
We
are the people of Iraq, who in all our forms and
groupings undertake to establish our union freely and by
choice, to learn yesterday's lessons for tomorrow, and
to write down this permanent constitution from the high
values and ideals of the heavenly messages and the
developments of science and human civilization, and to
adhere to this constitution, which shall preserve for
Iraq its free union of people, land and sovereignty.
*Chapter One: Basic Principles*
Chapter One lists the basic principles of the Iraq
constitution:
1.
Iraq is an independent nation, and its system of
government is a democratic, federal, representative
republic.
2.
Islam is the national religion and a basic
foundation for the country's laws; however, freedom of
religion is upheld.
3.
The state has a multi-ethnic makeup and dual
national languages: Arabic language Arabic and Kurdish
language Kurdish. Turkmen language| Turkmen and Assyrian
language Assyrian are official in regions where they are
spoken.
4.
Terrorism, ethnic cleansing, and (takfir) are
banned, as is the "Saddamist Baath Party Ba'ath Party".
5.
The country is part of the Islamic world and its
Arab citizens are part of the Arab nationalism Arab
nation.
6.
The country has a single military, under the
command of the civil authority.
7.
The constitution is the highest law of the land.
No law may be passed that contradicts the constitution,
the undisputed laws of Islam, or the principles of
democracy.
Article (1): The Republic of Iraq is an independent,
sovereign nation, and the system of rule in it is a
democratic, federal, representative parliamentary
republic.
Article (2):
1st
Islam is the official religion of the state and is a
basic source of legislation:
(a) No
law can be passed that contradicts the undisputed rules
of Islam.
(b) No
law can be passed that contradicts the principles of
democracy.
(c) No
law can be passed that contradicts the rights and basic
freedoms outlined in this constitution.
2nd
This constitution guarantees 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.
Article (3): Iraq is a multiethnic, multi-religious and
multi-sect country. It is part of the Islamic world and
its Arab people are part of the Arab nation.
Article (4):
1st
Arabic and Kurdish are the two official languages for
Iraq. Iraqis are guaranteed the right to educate their
children in their mother tongues, such as Turkmen or
Assyrian, in government educational institutions, or any
other language in private educational institutions,
according to educational regulations.
2nd
the scope of the phrase "official language" and the
manner of implementing the rules of this article will be
defined by a law that includes:
(a)
Issuing the official gazette in both languages.
(b)
Speaking, addressing and expressing in official domains,
like the parliament, Cabinet, courts and official
conferences, in either of the two languages.
(c)
Recognition of official documents and correspondences in
the two languages and the issuing of official documents
in them both.
(d)
The opening of schools in the two languages in
accordance with educational rules.
(e)
Any other realms that require the principle of equality,
such as currency bills, passports, stamps.
3rd
Federal agencies and institutions in the region of
Kurdistan use both languages.
4th
The Turkmen and Assyrian languages will be official in
the areas where they are located.
5th
any region or province can take a local language as an
additional official language if a majority of the
population approves in a universal referendum.
Article (5): The law is sovereign; the people are the
source of authority and its legitimacy, which they
exercise through direct, secret ballot and its
constitutional institutions.
Article (6): Government should be rotated peacefully
through democratic means stipulated in this
constitution.
Article (7):
1st
Entities or trends that advocate, instigate, justify
or propagate racism, terrorism, "takfir" (declaring
someone an infidel), sectarian cleansing, are banned,
especially the Saddamist Baath Party in Iraq and its
symbols, under any name. It will be not being allowed to
be part of the multilateral political system in Iraq,
which should be defined according to the law.
2nd
the state will be committing to fighting terrorism in
all its forms and will work to prevent its territory
from being a base or corridor or an arena for its
terrorism's) activities.
Article (8): Iraq shall abide by the principles of good
neighborliness and by not intervening in the internal
affairs of the other countries, and it shall seek to
peacefully resolve conflicts and shall establish its
relations on the basis of shared interests and similar
treatment and shall respect its international
obligations.
Article (9):
1st
a) The
Iraqi armed forces and security apparatuses consist of
the components of the Iraqi people, keeping in
consideration their balance and representation without
discrimination or exclusion. They fall under the command
of the civil authority, defend Iraq, don't act as a tool
of oppression of the Iraqi people, don't intervene in
political affairs and they play no role in the rotation
of power.
b)
Forming military militias outside the framework of the
armed forces is banned.
c) The
Iraqi armed forces and its personnel including
military personnel working in the Defense Ministry and
in any offices or organizations subordinate to it are
not allowed to run as candidates in elections for
political office. They should not engage in election
campaigning for candidates and should not take part in
activities forbidden by the regulations of the Defense
Ministry. This ban includes the activities of the
previously mentioned individuals acting in their
personal or professional capacities, but does not
include their right to vote in the elections.
d) The
Iraqi national intelligence service shall gather
information and assess threats to national security and
offers advice to the Iraqi government. It is under
civilian control; it is subjected to the supervision of
the executive authority; it operates according to the
law and to recognized human rights principles.
e) The
Iraqi government shall respect and implement Iraq's
international commitments regarding the
nonproliferation, non-development, non-production, and
non-use of nuclear, chemical, and biological weapons.
Associated equipment, material, technologies, and
communications systems for use in the development,
manufacture, production, and use of such weapons shall
be banned.
2nd
military service shall be regulated by a law.
Article (10): The holy shrines and religious sites in
Iraq are religious and cultural entities. The state is
committed to maintain and protect their sanctity and
ensure the exercising of religious rites freely in them.
Article (11): Baghdad is the capital of the republic of
Iraq.
Article (12:
1st
the flag, emblem and national anthem of Iraq shall be
fixed by law in a way that symbolizes the components of
the Iraqi people.
2nd
Medals, official holidays, religious and national
occasions and the official calendar shall be fixed by
law.
Article (13):
1st
this constitution shall be considered as the supreme
and highest law in Iraq. It shall be binding throughout
the whole country without exceptions.
2nd
No law that contradicts this constitution shall be
passed; any passage in the regional constitutions and
any other legal passages that contradict this
constitution shall be considered null.
*Chapter Two: Rights and Freedoms*
''Part
One: Rights''
1st:
Civil and political rights ''
2nd:
Economic, social and cultural rights ''
''Part
Two: 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.
SECTION ONE: RIGHTS
FIRST:
Civil and Political Rights
Article 14:
Iraqis
are equal before the law without discrimination based on
gender, race, ethnicity, origin, color, religion, creed,
belief or opinion, or economic and social status.
Article 15:
Every
individual has the right to enjoy life, security and
liberty. Deprivation or restriction of these rights is
prohibited except in accordance with the law and based
on a decision issued by a competent judicial authority.
Article 16:
Equal
opportunities are guaranteed for all Iraqis. The state
guarantees the taking of the necessary measures to
achieve such equal opportunities.
Article 17:
First:
Every individual shall have the right to personal
privacy, so long it does not contradict the rights of
others and public morals.
Second: The sanctity of the homes is inviolable and
homes may not be entered, searched, or put in danger,
except by a judicial decision, and in accordance with
the law.
Article 18:
First:
Iraqi nationality is the right of every Iraqi and shall
be the basis of his citizenship.
Second: An Iraqi is any person born to an Iraqi father
or mother. This will regulated by law.
Third:
A. an
Iraqi citizen by birth may not have his nationality
withdrawn for any reason. Any person who had his
nationality withdrawn shall have the right to reclaim
it, and this will be stipulated by law.
B. the
Iraqi nationality shall be withdrawn from the
naturalized in the cases stipulated by law.
Fourth: An Iraqi may have multiple nationalities.
Everyone who assumes a senior, security sovereign
position must abandon any other acquired nationality.
This will be organized by law.
Fifth:
Iraqi citizenship shall not be granted for the purposes
of the policy of settling people that cause an imbalance
in the population composition of Iraq.
Sixth:
A law shall regulate the provisions of nationality. The
competent courts shall consider the suits resulting from
it.
Article 19:
First:
The judiciary is independent and no power is above the
judiciary except the law.
Second: There is no crime or punishment except by a
stipulation. The punishment shall only be for an act
that the law considers a crime when perpetrated. A
harsher sentence than the applicable sentence at the
time of the offense may not be imposed.
Third:
Litigation shall be a safeguarded and guaranteed right
for all.
Fourth: The right to a defense shall be sacred and
guaranteed in all phases of investigation and trial.
Fifth:
The accused is innocent until proven guilty in a fair
legal trial. The accused may not be tried on the same
crime for a second time after acquittal unless new
evidence is produced.
Sixth:
Every person has the right to be treated with justice in
judicial and administrative proceedings.
Seventh: The proceedings of a trial are public unless
the court decides to make it secret.
Eighth: Punishment is personal.
Ninth:
A law does not have a retroactive effect unless the law
stipulates otherwise. This exclusion shall not include
laws relating to taxes and fees.
Tenth:
Criminal law does not have a retroactive effect, unless
it is to the benefit of the accused.
Eleventh: The court shall delegate a lawyer at the
expense of the state for an accused of a felony or
misdemeanor who does not have a defense lawyer.
Twelfth:
A.
Unlawful detention is prohibited.
B.
detention or arrest is prohibited in places not designed
for it, pursuant to prison regulations covered by health
and social care and subject to the scrutiny of the law.
Thirteenth: The preliminary investigative documents must
be submitted to the competent judge in a period not to
exceed twenty-four hours from the time of the arrest of
the accused. It may be extended only once and for the
same period.
Article 20: The citizens, men and women, have the right
to participate in public affairs and to enjoy political
rights including the right to vote, to elect and to
nominate.
Article 21:
First:
No Iraqi shall be surrendered to foreign entities and
authorities.
Second: A law shall regulate the right of political
asylum to Iraq. No political refugee shall be
surrendered to a foreign entity or returned forcibly to
the country from which he fled.
Third:
No political asylum shall be granted to a person accused
of committing international or terrorist crimes or any
person who inflicted damage on Iraq.
SECOND: Economic, social and cultural liberties
Article 22:
First:
Work is a right for all Iraqis so as to guarantee them a
decent living.
Second: The law regulates the relationship between
employees and employers on economic basis and with
regard to the foundations of social justice.
Third:
The State guarantees the right of forming and joining
professional associations and unions. This will be
organized by law.
Article 23:
First:
Personal property is protected. The proprietor shall
have the right to benefit from, exploit and utilize
personal property within the limits of the law.
Second: No property may be taken away except for the
purposes of public benefit in return for just
compensation. This will be organized by law.
Third:
A.
Every Iraqi has the right to own property throughout
Iraq. No others may possess immovable assets, except as
exempted by law.
B.
Owning property for the purposes of population change
shall be prohibited.
Article 24:
The
State guarantees freedom of movement of Iraqi manpower,
goods and capitals between regions and provinces. This
will be organized by law.
Article 25:
The
State guarantees the reform of the Iraqi economy in
accordance with modern economic principles to ensure the
full investment of its resources, diversification of its
sources and the encouragement and the development of the
private sector.
Article 26:
The
state guarantees the encouragement of investments in the
various sectors. This will be organized by law.
Article 27:
First:
Public property is sacrosanct, and its protection is the
duty of each citizen.
Second: The provisions related to the protection of
State properties and its management and the conditions
for its disposal and the limits under which none of
these properties can be relinquished shall all be
regulated by law.
Article 28:
First:
No taxes or fines may be imposed, amended, exempted or
pardoned from, except in accordance with law.
Second: Low wage earners shall be exempted from taxes in
a manner that ensures the upholding of the minimum wage
required for survival. This will be organized by law.
Article 29:
First:
A. the
family is the foundation of society; the State preserves
its entity and its religious, moral and patriotic
values.
B. the
State guarantees the protection of motherhood, childhood
and old age and shall care for children and youth and
provides them with the appropriate conditions to further
their talents and abilities.
Second: Children have right over their parents in regard
to upbringing, care and education. Parents shall have
right over their children in regard to respect and care
especially in times of need, disability and old age.
Third:
Economic exploitation of children shall be completely
prohibited. The State shall take the necessary measures
to protect them.
Fourth: All forms of violence and abuse in the family,
school and society shall be prohibited.
Article 30:
First:
The state guarantee to the individual and the family --
especially children and women -- social and health
security and the basic requirements for leading a free
and dignified life. The state also ensures the above a
suitable income and appropriate housing.
Second: The State guarantees the social and health
security to Iraqis in cases of old age, sickness,
employment disability, homelessness, orphanage or
unemployment, and shall work to protect them from
ignorance, fear and poverty. The State shall provide
them housing and special programs of care and
rehabilitation. This will be organized by law.
Article 31:
First:
Every citizen has the right to health care. The state
takes care of public health and provides the means of
prevention and treatment by building different types of
hospitals and medical institutions.
Second: Individuals and institutions may build hospitals
or clinics or places for treatment with the supervision
of the state and this shall be regulated by law.
Article 32:
The
State cares for the handicapped and those with special
needs and ensure their rehabilitation in order to
reintegrate them into society. This shall be regulated
by law.
Article 33:
First:
Every individual has the right to live in a safe
environment.
Second: The State undertakes the protection and
preservation of the environment and biological
diversity.
Article 34:
First:
Education is a fundamental factor in the progress of
society and is a right guaranteed by the state. Primary
education is mandatory and the state guarantees to
eradicate illiteracy.
Second: Free education is a right for all Iraqis in all
its stages.
Third:
The State encourages scientific research for peaceful
purposes that serve man and supports excellence,
creativity, invention and the different aspects of
ingenuity.
Fourth: Private and public education is guaranteed. This
shall be regulated by law.
SECTION TWO: LIBERTIES
Article 35:
First:
A. The
liberty and dignity of man are safeguarded.
B. No
person may be kept in custody or interrogated except in
the context of a judicial decision.
C. All
forms of psychological and physical torture and inhumane
treatment shall be prohibited. Any confession coerced by
force, threat, or torture shall not be relied on. The
victim shall have the right to compensation in
accordance with the law for material and moral damages
incurred.
Second: The State guarantees the protection of the
individual from intellectual, political and religious
coercion.
Third:
Compulsory service unpaid labor, serfdom, slave trade
slavery, trafficking of women and children, and the sex
trade is prohibited.
Fourth: The State will promote cultural activities and
institutions in a way that is appropriate with Iraq's
civilization history and culture. It will take care to
depend on authentic Iraqi cultural trends.
Article 36:
The
state guarantees in a way that does not violate public
order and morality:
A.
Freedom of expression, through all means.
B.
Freedom of press, printing, advertisement, media and
publication.
C.
Freedom of assembly and peaceful demonstration. This
shall be regulated by law.
D.
Every Iraqi has the right to engage in sports, and the
State should encourage its activities and promotion and
will provide its necessities
Article 37:
First:
The freedom of forming and of joining associations and
political parties is guaranteed. This will be organized
by law.
Second: It is prohibited to force any person to join any
party, society or political entity or force him to
continue his membership in it.
Article 38:
The
freedom of communication, and mail, telegraphic,
electronic, and telephonic correspondence, and other
correspondence shall be guaranteed and may not be
monitored, wiretapped or disclosed except for legal and
security necessity and by a judicial decision.
Article 39:
Iraqis
are free in their commitment to their personal status
according to their religions, sects, beliefs, or
choices. This shall be regulated by law.
Article 40:
Each
individual has freedom of thought, conscience and
belief.
Article 41:
First:
The followers of all religions and sects are free in
the:
A.
Practice of religious rites, including the Husseini
ceremonies Shiite religious ceremonies
B.
Management of the endowments, its affairs and its
religious institutions. The law shall regulate this.
Second: The state guarantees freedom of worship and the
protection of the places of worship.
Article 42:
First:
Each Iraqi enjoys the right of free movement, travel,
and residence inside and outside Iraq.
Second: No Iraqi may be exiled, displaced or deprived
from returning to the homeland.
Article 43:
First:
The State shall seek to strengthen the role of civil
society institutions, to support, develop and preserve
its independence in a way that is consistent with
peaceful means to achieve its legitimate goals. This
will be organized by law.
Second: The State shall seek the advancement of the
Iraqi clans and tribes and shall attend to their affairs
in a manner that is consistent with religion and the law
and upholds its noble human values in a way that
contributes to the development of society. The State
shall prohibit the tribal traditions that are in
contradiction with human rights.
Article 44:
There
may not be a restriction or limit on the practice of any
rights or liberties stipulated in this constitution,
except by law or on the basis of it, and insofar as that
limitation or restriction does not violate the essence
of the right or
freedom.[http://www.washingtonpost.com/wp-dyn/content/article/2005/10/12/AR2005101201450.html
Washington Post]
*Chapter Three: The Federal Authorities*
Chapter Three breaks the federal government into four
branches: legislative, executive, judicial, and
independent associations.
''Part
One: The Legislative Authority ''
1st:
The Council of Representatives (Parliament)
'2nd:
The Council of Union
Part
One, ''The Legislative Authority'' describes the two
legislative councils.
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 Impeachment
or remove him for violating oath, constitution, or
treason; it may also remove the Prime Minister in a
Motion of no confidence or 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.
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 ''
1st:
The President
2nd:
The Cabinet
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 Presidents
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
protocolary 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 ''
1st:
The Supreme Judiciary Council ''
2nd:
The Supreme Federal Court ''
3rd:
General Provisions ''
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:
·
Supreme Judiciary Council
·
Supreme Federal Court
·
Federal Cassation Court
·
Prosecutor's Office
·
Judiciary Inspection Department
·
other federal courts organized by law
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 ''
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:
·
Supreme Commission for Human Rights
·
Supreme Independent Commission for Elections
·
Integrity Agency
·
Iraqi Central Bank
·
Financial Inspection Office
·
Media and Communications Agency
·
Offices of religious Endowments
·
Institution of the Martyrs
·
Federal Public Service Council
*Chapter Four: Powers of the Federal Authorities*
Chapter Four, ''Powers of the Federal Authorities''
gives exclusive power to the federal government over:
·
Foreign policy and negotiation
·
National defense policy
·
Financial and customs policies
·
Standards, naturalization, the radio spectrum,
and the mail
·
Budget
·
Census
·
Water and oil policies
·
Welfare programs
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.
''Part
One: Regions ''
The
country's future Regions of Iraq are to be established
from its current 18 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 provinces in question.
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."
''Part
Two: Provinces not organized into a Region ''
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.
''Part
Three: The Capital ''
Article 120 states that Baghdad is the ''Capital of the
Republic'', within the boundaries of Baghdad Province.
The constitution makes no specific reference to the
status of the capital and its surrounding province
within the federal structure, stating merely that its
status is to be regulated by law.
''Part
Four: Local Administrations ''
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 Iraqi
Turkmen, Assyrians, etc. and that legislation will be
adopted to regulate those rights.
*Chapter Six: Final and Transitional Guidelines*
1st:
Final Guidelines ''
2nd:
Transitional Guidelines''
Amendments
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.
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.
Adoption
The
Constitution was adopted on 15 October 2005 in a
referendum of the people.
Amendment
{{Amendment to the Constitution of 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 15 October 2005. The
Constitutional Review Committee was constituted by the
Iraqi parliament on 25 September 2006.
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