The Constitution of the Republic of Iraq ( ar, دستور جمهورية العراق Kurdish: دەستووری عێراق) is the fundamental law of

Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...

. The first

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

came into force in 1925. The current constitution was adopted on September 18, 2005 by the Transitional National Assembly of Iraq, and confirmed by

constitutional referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

, held on October 15, 2005. It was published on December 28, 2005 in the '' Official Gazette of Iraq'' (No. 4012), in

Arabic Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter ...

original, and thus came into force. Official translation for international use (in

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...

language) was produced in cooperation between Iraqi state authorities and the

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...

' Office for Constitutional Support. Since 2006, several proposals for adoption of various

constitutional amendments A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...

were initiated. The

Kurdish language Kurdish (, ) is a language or a group of languages spoken by Kurds in the geo-cultural region of Kurdistan and the Kurdish diaspora. Kurdish constitutes a dialect continuum, belonging to Western Iranian languages in the Indo-European lan ...

is official at state level.

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, 1964, 1968, and 1970, the last remaining in effect ''de jure'' until the

Transitional Administrative Law The Law of Administration for the State of Iraq for the Transitional Period ( ar, قانون إدارة الدولة للفترة الانتقالية), also called the Transitional Administrative Law or TAL, was Iraq's provisional constitution fol ...

was adopted in 2003 after the fall of

Saddam Hussein Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolutio ...

. In 1990, a draft constitution was prepared but never promulgated due to the onset of the

Gulf War The Gulf War was a 1990–1991 armed campaign waged by a 35-country military coalition in response to the Iraqi invasion of Kuwait. Spearheaded by the United States, the coalition's efforts against Iraq were carried out in two key phases: ...

. 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 Law of Administration for the State of Iraq for the Transitional Period ( ar, قانون إدارة الدولة للفترة الانتقالية), also called the Transitional Administrative Law or TAL, was Iraq's provisional constitution fol ...

(the "TAL"). The TAL was drafted between December 2003 and March 2004 by the

Iraqi Governing Council The Iraqi Governing Council (IGC) was the provisional government of Iraq from 13 July 2003 to 1 June 2004. It was established by and served under the United States-led Coalition Provisional Authority (CPA). The IGC consisted of various Iraqi pol ...

, an appointed body that was selected by the

Coalition Provisional Authority ) , capital = Baghdad , largest_city = capital , common_languages = Arabic Kurdish English (''de facto'') , government_type = Transitional government , legislature = Iraqi Governing Council , title_leader = Administrator , leader1 = Ja ...

after the

Iraq War {{Infobox military conflict , conflict = Iraq War {{Nobold, {{lang, ar, حرب العراق (Arabic) {{Nobold, {{lang, ku, شەڕی عێراق (Kurdish languages, Kurdish) , partof = the Iraq conflict (2003–present), I ...

and

Occupation of Iraq Occupation of Iraq or Iraq occupation may refer to: * Occupation of Iraq (2003–2011) (occupation by American, British and Italian forces) * Mandatory Iraq The Kingdom of Iraq under British Administration, or Mandatory Iraq ( ar, الانت ...

by the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

and

Coalition forces ' ps, کمک او همکاري ' , allies = Afghanistan , opponents = Taliban Al-Qaeda , commander1 = , commander1_label = Commander , commander2 = , commander2_label = , commander3 = , command ...

. Under a compromise brokered before the referendum, it was agreed that the first parliament 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 referendum similar to the one that originally approved it. After this agreement was entered into, the Sunni-majority

Iraqi Islamic Party The Iraqi Islamic Party is the largest Sunni Islamist political party in Iraq as well as the most prominent member of the Iraqi Accord Front political coalition. It was part of the government of Prime Minister Nouri al-Maliki and is part of th ...

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, according to commission officials. 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, 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 Muhammed al-Mutlaq ( ar, صالح محمد المطلك; born 1 July 1947) is an Iraqi politician who is the head of the Iraqi Front for National Dialogue, the fifth largest political list in Iraq's parliament. From 21 December 2010 to 11 ...

, 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 figure who chaired the drafting committee, Humam Hamoudi, is chairing the amendment committee as well.

Drafting and adoption

The Transitional National Assembly of Iraq, which was elected in January 2005 pursuant to the Coalition Provisional Authority's Transitional Administrative Law, appointed a Constitutional Committee for the purpose of preparing a draft constitution by 15 August 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. The first draft of the proposed constitution was presented to the Transitional National Assembly on Sunday 28 August 2005. It described 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). The draft was approved, but political negotiations continued, in order to reach a compromise that would also ensure the support of Sunni groups, thus leading to consequent revisions and redrafting of several articles. On 18 September 2005, the Transitional National Assembly of Iraq approved and adopted the final constitutional draft, that was then put to the public. The Constitution was finally adopted on 15 October 2005, in a national referendum. The Constitution was published on 28 December 2005, in the '' Official Gazette of Iraq'' (No. 4012), in

original, and thus came into force. Since there were several unofficial translations of previous drafts and proposals, that were created earlier, during the summer of 2005, an official translation of the Constitution, for international use (in

language) was produced, in cooperation between state authorities Iraq and the

' Office for Constitutional Support.

Proposed changes

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

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.

Overview

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.Constitution of Iraq, Article 1 * The system of government is a democratic, federal, representative,

parliamentary A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...

republic A republic () is a " state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th ...

. *

Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...

is the

state religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular, is not necessarily a t ...

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 The terms Muslim world and Islamic world commonly refer to the Islamic community, which is also known as the Ummah. This consists of all those who adhere to the religious beliefs and laws of Islam or to societies in which Islam is practiced. I ...

and its Arab citizens are part of the

Arab nation The Arab world ( ar, اَلْعَالَمُ الْعَرَبِيُّ '), formally the Arab homeland ( '), also known as the Arab nation ( '), the Arabsphere, or the Arab states, refers to a vast group of countries, mainly located in Western As ...

.Constitution of Iraq, Article 3 * Iraq is a multiethnic, multi-religious and multi-sect country and

and Kurdish are the official languages.Constitution of Iraq, Article 4(1st) Iraqis are guaranteed the right to educate their children in their mother tongues, such as Turkmen, Chaldean, and

Assyrian Assyrian may refer to: * Assyrian people, the indigenous ethnic group of Mesopotamia. * Assyria, a major Mesopotamian kingdom and empire. ** Early Assyrian Period ** Old Assyrian Period ** Middle Assyrian Empire ** Neo-Assyrian Empire * Assyri ...

, in government educational institutions, or any other language in private educational institutions, according to educational regulations. * The Turkomen, Chaldean, 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.Constitution of Iraq, Article 7(1st) The "Saddamist

Ba'ath Party The Arab Socialist Baʿath Party ( ar, حزب البعث العربي الاشتراكي ' ) was a political party founded in Syria by Mishel ʿAflaq, Ṣalāḥ al-Dīn al-Bītār, and associates of Zaki al-ʾArsūzī. The party espoused ...

", 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.Constitution of Iraq, Article 9(1st)(a) Militias are prohibited.Constitution of Iraq, Article 9(1st)(b) Military officials may not hold office.Constitution of Iraq, Article 9(1st)(c) * 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 law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ...

,Constitution of Iraq, Article 28

equality before the law Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic r ...

equal opportunity Equal opportunity is a state of fairness in which individuals are treated similarly, unhampered by artificial barriers, prejudices, or preferences, except when particular distinctions can be explicitly justified. The intent is that the important ...

privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of ...

, inalienable

nationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of t ...

and

dual nationality Multiple/dual citizenship (or multiple/dual nationality) is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on ...

judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inter ...

,Constitution of Iraq, Article 19 the prohibition on criminal

ex post facto law An ''ex post facto'' law (from ) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize action ...

right to counsel In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal exp ...

, a

public trial Public trial or open trial is a trial that is open to the public, as opposed to a secret trial. It should not be confused with a show trial. United States The Sixth Amendment to the United States Constitution establishes the right of the accus ...

unless the court decides to make it a

secret trial A secret trial is a trial that is not open to the public or 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 The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must presen ...

, the right to participate in public affairs and the right to vote, to elect and to nominate, freedom from

extradition Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...

,Constitution of Iraq, Article 21

political asylum The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another entit ...

, "economic, social and cultural liberties", the

right to work The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized ...

,Constitution of Iraq, Article 22 the right to join

trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ...

s, ownership of

personal property property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be moved fr ...

,Constitution of Iraq, Article 23

eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...

powers, rights similar to the Four Freedoms (European Union),

minimum wage A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. B ...

universal health care Universal health care (also called universal health coverage, universal coverage, or universal care) is a health care system in which all residents of a particular country or region are assured access to health care. It is generally organized ar ...

free education Free education is education funded through government spending or charitable organizations rather than tuition funding. Many models of free higher education have been proposed. Primary school and other comprehensive or compulsory education is fr ...

dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inaliena ...

,Constitution of Iraq, Article 35 freedom from psychological and physical torture and inhumane treatment and the right to compensation, freedom from "compulsory service", ''limited''

freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...

freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exerc ...

, and

freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...

,Constitution of Iraq, Article 36 the right to engage in sports, ''limited'' freedom of forming and of joining associations and political parties, requirement of

warrants Warrant may refer to: * Warrant (law), a form of specific authorization ** Arrest warrant, authorizing the arrest and detention of an individual ** Search warrant, a court order issued that authorizes law enforcement to conduct a search for eviden ...

for

wiretap Telephone tapping (also wire tapping or wiretapping in American English) is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitorin ...

freedom of religion Freedom of religion or religious liberty 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. It also includes the freedo ...

, freedom of thought, conscience and belief.

The Federal Government

The federal government is composed of the

executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive di ...

legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

, and

judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

branches, as well as numerous independent commissions.

Legislative branch

The legislative branch is composed of the Council of Representatives and the

Federation Council The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...

=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 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 Con ...

; 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

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

and the

Council of Ministers A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/ shire level, but most legislative bodies at the state/provincial or ...

=President

= The President of the Republic is the

head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and ...

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 A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...

s on the recommendation of the

Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...

, 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.

=Council of Ministers

= The Council of Ministers is composed of the

and his

cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...

. 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.

Judicial branch

The federal judiciary is composed of the

Higher Judicial Council Higher may refer to: Music * The Higher, a 2002–2012 American pop rock band Albums * ''Higher'' (Ala Boratyn album) or the title song, 2007 * ''Higher'' (Ezio album) or the title song, 2000 * ''Higher'' (Harem Scarem album) or the title son ...

, the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

, the

Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...

, 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 A Central Criminal Court refers to major legal court responsible for trying crimes within a given jurisdiction. Such courts include: *The name by which the Crown Court is known when it sits in the City of London *Central Criminal Court of England a ...

=Higher Judicial Council

= The Higher Judicial Council manages and supervises the affairs of the federal judiciary.Constitution of Iraq, Article 88 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 A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...

, 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 A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

. The CCCI is based on an

inquisitorial system An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...

and consists of two chambers: an investigative court, and a criminal court.

Independent commissions and institutions

The Independent High Commission for Human Rights, the Independent Electoral High Commission, and the Commission on Public Integrity are independent commissions subject to monitoring by the Council of Representatives. The

Central Bank of Iraq The Central Bank of Iraq (CBI) ( ar, البنك المركزي العراقي) is the central bank of Iraq. It was established in 1947, the same year in which the British occupation of Iraq was ended. CBI's primary objectives are to ensure domestic ...

, the

Board of Supreme Audit Board or Boards may refer to: Flat surface * Lumber, or other rigid material, milled or sawn flat ** Plank (wood) ** Cutting board ** Sounding board, of a musical instrument * Cardboard (paper product) * Paperboard * Fiberboard ** Hardboard, a ty ...

, the Communications and Media Commission, and the

Endowment Commission Endowment most often refers to: *A term for human penis size It may also refer to: Finance *Financial endowment, pertaining to funds or property donated to institutions or individuals (e.g., college endowment) *Endowment mortgage, a mortgage to b ...

are financially and administratively independent institutions. The

Foundation of Martyrs Foundation may refer to: * Foundation (nonprofit), a type of charitable organization ** Foundation (United States law), a type of charitable organization in the U.S. ** Private foundation, a charitable organization that, while serving a good cause ...

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-governorate 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 governoratesConstitution of Iraq, Article 109 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.Constitution of Iraq, Article 111 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. ::*''Part One: Regions '' The country's future

Regions In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics (physical geography), human impact characteristics (human geography), and the interaction of humanity and t ...

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. ::*''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 Baghdad (; ar, بَغْدَاد , ) is the capital of Iraq and the second-largest city in the Arab world after Cairo. It is located on the Tigris near the ruins of the ancient city of Babylon and the Sassanid Persian capital of Ctesiphon ...

is the Capital of the Republic, within the boundaries of

Baghdad Governorate Baghdad Governorate ( ar, محافظة بغداد ''Muḥāfaẓät Baġdād''), also known as the Baghdad Province, is the capital governorate of Iraq. It includes the capital Baghdad as well as the surrounding metropolitan area. The governorat ...

. 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. ::*''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 ( Turkmens, Assyrians, etc.), and that legislation will be adopted to regulate those rights.

References

External links

; Final version, from official Iraqi an UN sources, also accepted as Wikisource text
Iraq, Ministry of Interior – General Directorate for Nationality: Iraqi Constitution (2005)

UNESCO: Iraqi Constitution (2005)

UN WIPO: Iraqi Constitution (2005)
; Other sources with links to official texts
The Global Justice Project: Iraq – Constitution (legal overview and links to constitutional texts)

A collection of several drafts prepared throughout 2005, including the final draft
English language translations prepared by Zaid Al-Ali ; Various drafts of the constitution and related texts

published in the ''

Middle East Review of International Affairs ''Middle East Review of International Affairs'' (MERIA) was a quarterly, peer-reviewed, journal on Middle East issues founded by the late Barry Rubin and edited by Dr. Jonathan Spyer. The journal is no longer active; the last published issue wa ...

'' (Vol. 9, No. 3, September 2005)
First published draft
Global Policy Forum (articles 30.2 and 46 missing)

''

USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...

'' (articles 30.2 and 46 missing)
First published draft
BBC (articles 30.2 and 46 missing)
The Programme on Governance in the Arab Region

United Nations Development Programme (Iraq Country Office)

Iraqi constitution legal news and resources
{{DEFAULTSORT:Constitution Of Iraq 2005 in law 2005 in Iraq Iraqi legislation 2005 in politics October 2005 events in Iraq

History

Drafting and adoption

Proposed changes

Overview

Basic principles

Rights and freedoms

The Federal Government

Legislative branch

=Council of Representatives

=Federation Council

Executive branch

=President

=Council of Ministers

Judicial branch

=Higher Judicial Council

=Supreme Court

=Central Criminal Court

Independent commissions and institutions

Powers of the Federal Government

Regions

See also

References

External links