Iraqi Constitution
Draft
In the name of God, the most merciful, the most compassionate
{We have honored the sons of
Adam}
We, the people of the land between two rivers, the
homeland of the apostles and prophets, abode of the virtuous imams, pioneers of
civilization, crafters of writing and cradle of numeration, upon our land the
first law made by man was passed, the most ancient just pact for homelands
policy was inscribed, and upon our soil, companions of the Prophet and saints
prayed, philosophers and scientists theorized and writers and poets excelled,
acknowledging God’s due over us, and in fulfillment of the call of our homeland
and citizens, and [in a response to the call] of our religious and national
leaderships and the determination of our great references and our leaders and
reformers, and our national strengths and our politicians, and in the midst of
an international support from our friends and those who love us, marched for
the first time in our history towards the ballot boxes by the millions, men and
women, young and old, on the 30th of January 2005, invoking the pains of
sectarian oppression sufferings inflicted by the autocratic clique and inspired
by the tragedies of Iraq’s martyrs, Shiite and Sunni, Arabs and Kurds and
Turkmen and along with the remainder of their brothers from all the other
components and recollecting the darkness of the ravage of the holy cities and
the South in the Sha’abaniyya uprising and burnt by the flames of grief of the
mass graves, the marshes, Al-Dujail and others and articulating the sufferings
of racial oppression in the massacres of Halabcha, Barzan, Anfal and the Fayli
Kurds and inspired by the ordeals of the Turkmen in Basheer and as is the case
in the remaining areas of Iraq where the people of the west suffered from the
assassinations of their leaders, symbols and elderly and from the displacement
of their skilled individuals and from the drying out of their cultural and
intellectual wells, so we sought hand in hand and shoulder to shoulder to
create our new Iraq, the Iraq of the future free from sectarianism, racism,
locality complex, discrimination and exclusion.
Accusations of being infidels, and terrorism did not stop
us from marching forward to build a nation of law. Sectarianism and racism have
not stopped us from marching together to strengthen our national unity, and to
follow the path of peaceful transfer of power and adopt the course of the just
distribution of resources and providing equal opportunity for all.
We the people of Iraq who have just risen from our
stumble, and who are looking with confidence to the future through a
republican, federal, democratic, pluralistic system, have resolved with the
determination of our men, women, the elderly and youth to respect the rules of
law and cast aside the politics of aggression, and tending to the concerns of
women and their rights, and the elderly and their concerns, and children and
their affairs and spreading a culture of diversity and defusing terrorism.
We the people of Iraq of all components and shades have taken upon ourselves
to decide freely and with our choice to unite our future and to take lessons
from yesterday for tomorrow, to draft, through the values and ideals of the
heavenly messages and the findings of science and man’s civilization, this
lasting constitution. The adherence to this constitution preserves for Iraq its
free union, its people, its land and its sovereignty.
Section One
Fundamental Principles
Article 1:
The Republic
of Iraq is an independent sovereign state whose system of government shall be
republican, representative (Parliamentary), democratic and federal.
Article 2:
First: Islam is the official
religion of the State and it is a fundamental source of legislation:
A. No law
that contradicts the established provisions of Islam may be established.
B. No law
that contradicts the principles of democracy may be established.
C. No law that contradicts the rights and basic freedoms stipulated in this
constitution may be established.
Second: This Constitution guarantees
the Islamic identity of the majority of the Iraqi people and guarantees the
full religious rights of all individuals to freedom of religious belief and
practice such as Christians, Yazedis, and Mandi Sabeans.
Article 3:
Iraq is a country of many
nationalities, religions and sects, and is a part of the Islamic world and the
Arab people therein are a part of the Arab Nation.
First: The Arabic language and
Kurdish language are the two official languages of Iraq. The right of Iraqis
to educate their children in their mother tongue, such as Turkmen, Syriac and
Armenian, in government educational institutions in accordance with educational
guidelines, or in any other language in private educational institutions, shall
be guaranteed.
Second: The scope of the term
official language and the means of applying the provisions of this article
shall be defined by law which shall include:
A. Publication of the official gazette, in the two languages;
B. Speech, conversation and expression in official settings, such as the
Council of Representatives, the Council of Ministers, courts, and official
conferences, in either of the two languages;
C. Recognition and publication of the official documents and correspondences
in the two languages;
D. Opening schools that teach the two languages, in accordance with the
educational guidelines;
E. Use of
both languages in any settings enjoined by the principle of equality such as
bank notes, passports and stamps.
Third: The federal institutions
and agencies in the Kurdistan region shall use both languages.
Fourth: The Turkmen language and
Syriac language are two other official languages in the administrative units in
which they represent density of population.
Fifth: Each region or governorate
may adopt any other local language as an additional official language if the
majority of its population so decide in a general referendum.
Article 5:
The law is
sovereign. The people are the source of authorities and its legitimacy, which
the people shall exercise in a direct general secret ballot and through their
constitutional institutions.
Article 6:
Transfer of
authority shall be made peacefully through democratic means as stipulated in
this Constitution.
Article 7:
First: No entity or program,
under any name, may adopt racism, terrorism, the calling of others infidels,
ethnic cleansing, or incite, facilitate, glorify, promote, or justify thereto,
especially the Saddamist Ba’ath in Iraq and its symbols. This may not be part
of the political pluralism in Iraq. A law shall regulate this.
Second: The State shall undertake
combating terrorism in all its forms, and shall work to protect its territories
from being a base or pathway or field for terrorist activities.
Article 8:
Iraq shall observe the principles of a good
neighborliness, adhere to the principle of non-interference in the internal
affairs of other states, endeavor to settle disputes by peaceful means,
establish relations on the basis of mutual interests and reciprocity, and
respect its international obligations.
Article 9:
First:
A- The Iraqi
Armed Forces and Security Services will be composed of the components of the
Iraqi people with due consideration given to its balance and its similarity
without discrimination or exclusion and shall be subject to the control of the
civilian authority. The Iraqi Armed Forces shall defend Iraq and shall not be
used as an instrument of oppression against the Iraqi people, shall not
interfere in the political affairs and shall have no role in the transfer of
authority.
B- The formation
of military militia outside the framework of the armed forces is prohibited.
C- The Iraqi
Armed Forces and its personnel, including military personnel working at the
Ministry of Defense or any subordinate departments or organizations, may not
stand for election to political office, campaign for candidates, or participate
in other activities prohibited by the Ministry of Defense regulations. This ban
encompasses the activities of the personnel mentioned above acting in their
personal or official capacities. Nothing in this Article shall infringe upon
the right of these personnel to cast their vote in the elections.
D- The Iraqi
National Intelligence Service shall collect information, assess threats to
national security, and advise the Iraqi government. This service shall be
under civilian control and shall be subject to legislative oversight and shall
operate in accordance with the law and pursuant to the recognized principles of
human rights.
E- The Iraqi
Government shall respect and implement Iraq’s international obligations
regarding the non-proliferation, non-development, non-production, and non-use
of nuclear, chemical, and biological weapons, and shall prohibit associated
equipment, materiel, technologies, and delivery systems for use in the
development, manufacture, production, and use of such weapons.
Second: National service will be
stipulated by law.
Article 10:
The holy
shrines and religious places in Iraq are religious and civilizational
entities. The State is committed to confirming and safeguarding their
sanctity, and guaranteeing the free practice of rituals in them.
Article 11:
Baghdad is the
capital of the Republic of Iraq.
Article 12:
First: The flag, national anthem,
and emblem of Iraq shall be fixed by law in a way that represents the
components of the Iraqi people.
Second: A law shall regulate the
decorations, official holidays, religious and national occasions and the Hijri
and Gregorian calendar.
Article 13:
First: This constitution is the
sublime and supreme law in Iraq and shall be binding in all parts of Iraq
without exception.
Second: No law shall be enacted that
contradicts this constitution. Any text in any regional constitutions or any
other legal text that contradicts it is deemed void.
Section Two
Rights and Liberties
Chapter 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, sect, 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 in accordance with the law.
Article 18:
First: An
Iraqi is any person born to an Iraqi father or mother.
Second: Iraqi nationality is the
right of every Iraqi and shall be the basis of his citizenship.
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. A law shall regulate
this.
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 shall be
independent and no power shall be 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 shall have 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: The
punishment shall be personal.
Ninth: Laws shall not have a
retroactive effect unless the law stipulates otherwise. This exclusion shall
not include taxes and fees laws.
Tenth: The criminal law shall 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 shall be prohibited.
B. Detention or arrest shall be 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 shall 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, shall have the right to
participate in public affairs and to enjoy political rights including the right
to voting, election and nomination.
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 to guarantee a decent living for them.
Second: The law shall regulate
the relationship between employees and employers on economic basis and with
regard to the foundations of social justice.
Third: The State shall guarantee
the right of forming and joining professional associations and unions. A law
shall regulate that.
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.
A law shall regulate that.
Third:
A. Every
Iraqi shall have the right to own property throughout Iraq. No others may
possess immovable assets, except as exempted by law.
Article 24:
The State shall
guarantee freedom of movement of Iraqi manpower, goods and capitals between
regions and governorates. A law shall regulate this.
Article 25:
The State shall
guarantee the reform of the Iraqi economy in accordance with modern economic
principles to insure the full investment of its resources, diversification of
its sources and the encouragement and the development of the private sector.
The state shall
guarantee the encouragement of investments in the various sectors. A law shall
regulate this.
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. A law shall regulate that.
Article 29:
First:
A. The
family is the foundation of society; the State shall preserve its entity and
its religious, moral and patriotic values.
B. The
State shall guarantee the protection of motherhood, childhood and old age and
shall care for children and youth and shall provide them with the appropriate
conditions to further their talents and abilities.
Second: Children shall 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 shall 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 shall also ensure the above a suitable income and appropriate
housing.
Second: The State shall guarantee
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. A law shall regulate
it.
Article 31:
First: Every citizen has the
right to health care. The state shall take care of public health and provide
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 shall care for the handicapped and those with
special needs and ensure their rehabilitation in order to reintegrate them into
society and this shall be regulated by law.
Article 33:
First: Every
individual shall have the right to live in a safe environment.
Second: The State shall undertake
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 shall encourage
scientific research for peaceful purposes that serve man and shall support
excellence, creativity, invention and the different aspects of ingenuity.
Fourth: Private and public education
shall be guaranteed and this shall be regulated by law.
Chapter Two
Liberties
Article 35:
First:
A. The liberty and dignity of man shall be 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 shall guarantee the protection of the individual from
intellectual, political and religious coercion.
Third: Compulsory service (unpaid labor), serfdom, slave trade (Trading in
slaves), trafficking of women and children, and sex trade shall be prohibited.
Article 36:
The state shall guarantee in a way that does not violate public order and
morality:
A. Freedom of expression using all the means.
B. Freedom of press, printing, advertisement, media and publication.
C. Freedom of assembly and peaceful demonstration and this shall be regulated
by law.
Article 37:
First: The freedom of forming and joining associations and political parties
shall be guaranteed. A law shall regulate this.
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 and that shall be regulated by law.
Article 40:
Each individual shall have the 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.
B- Management of the endowments (Awqaf), its affairs and its religious
institutions. The law shall regulate this.
Second: The state shall guarantee the freedom of worship and the protection of
the places of worship.
Article 42:
First: The Iraqi shall enjoy 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. A law shall
regulate that.
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:
All individuals shall have the right to enjoy all the rights mentioned in the
international treaties and agreements concerned with human rights that Iraq has
ratified and that do not contradict with the principles and provisions of this
constitution.
Article 45:
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.
Section Three
Federal Powers
Article 46:
The federal powers shall consist of: the legislative, the executive and the
judicial. These powers shall exercise their specializations and tasks on the
basis of the principle of separation of powers.
Chapter one
The Legislative Power
Article 47:
The federal legislative power shall consist of the Council of Representatives
and the Federation Council.
First: The Council
of Representatives
Article 48:
First: The Council of Representatives shall consist of a number of members, at
a ratio of one representative per 100,000 Iraqi persons representing the entire
Iraqi people. They shall be elected through a direct secret general ballot. The
representation of all components of the people in it shall be upheld.
Second: A candidate to the Council of Representatives must be a fully eligible
Iraqi.
Third: A law shall regulate the requirements for the candidate, the voter and
all that is connected with the elections.
Fourth: The elections law aims to achieve a percentage of women representation
not less than one-quarter of the Council of Representatives members.
Fifth: The Council of Representatives shall promulgate a law dealing with the
replacement of its members on resignation, dismissal or death.
Sixth: No member of the Council of Representatives shall be allowed to hold any
other official position or work.
Article 49:
The Council of Representatives member shall take the constitutional oath before
the Council prior to assuming his duties as follows:
(I swear by God the Almighty to carry out my legal tasks and responsibilities
devotedly and honestly and preserve the independence and sovereignty of Iraq,
and safeguard the interests of its people, and watch over the safety of its
land, skies, waters, resources and federal democratic system, and I shall
endeavor to protect public and private liberties, the independence of the
judiciary and adhere to the applications of the legislation neutrally and
faithfully. God is my witness).
Article 50:
The Council of Representatives shall set its bylaws to regulate its work.
Article 51:
First: The Council of Representatives shall decide by a two-thirds majority,
the membership authenticity of its members within thirty days from the date of
filing an objection.
Second: The Decision of the Council of Representatives may be appealed before
the Federal Supreme Court within thirty days from the date of its issuance.
Article 52:
First: Sessions of the Council of Representatives shall be public unless it
deems them otherwise.
Second: Minutes of the sessions shall be published in means regarded
appropriate by the Council.
Article 53:
The President of the Republic shall call upon the Council of Representatives to
convene by a presidential decree within fifteen days from the date of the
ratification of the general elections results. Its eldest member shall chair
the first session to elect the president of the Council and his two deputies.
This period may not be extended by more than the aforementioned one.
Article 54:
The Council of Representatives shall elect in its first session its president,
then his first deputy and second deputy, by an absolute majority of the total
number of the Council members by direct secret ballot.
Article 55:
First: The electoral term of the Council of Representatives shall be limited to
four calendar years, starting with its first session and ending with the
conclusion of the fourth year.
Second: The new Council of Representatives shall be elected forty five days
before the conclusion of its electoral term.
Article 56:
The Council of Representatives shall have one annual term with two legislative
sessions lasting eight months. The bylaw shall define the method of convention.
The session in which the general budget is being presented shall not end until
its approval.
Article 57:
First: The President of the Republic or the Prime Minister or the President of
the Council of Representatives or fifty members of the Council of
Representatives may call the Council to an extraordinary session. The session
shall be restricted to the topics that necessitated the request.
Second: The President of the Republic, or the Prime Minister or the President
of the Council or fifty members of the Council of Representatives, may ask for
an extension of the legislative session of the Council of representatives for
no more than thirty days in order to complete the tasks that required the
extension.
Article 58:
First:
A- The Council of Representatives quorum shall be fulfilled by an absolute
majority of its members.
B- Decisions in the sessions of the Council of Representatives shall be made by
a simple majority after quorum is fulfilled, unless stipulated otherwise.
Second:
A- Bills shall be presented by the President of the Republic and the Prime
Minister.
B- Proposed laws shall be presented by ten members of the Council of
Representatives or by one of its specialized committees.
Article 59:
The Council of Representatives shall specialize in the following:
First: Enacting federal laws.
Second: Monitoring the performance of the executive authority.
Third: A law shall regulate the ratification of international treaties and
agreements by a two third majority of the members of the Council of
Representatives.
Fourth: Elect the President of the Republic.
Fifth:
To approve the appointment of the following:
A. The President and members of the Federal Court of Cassation, Chief Public
Prosecutor and the President of Judicial Oversight Commission based on a
proposal from the Higher Juridical Council, by an absolute majority.
B. Ambassadors and those with special grades based on a proposal from the
Cabinet.
C. The Iraqi Army Chief of Staff, his assistants and those of the rank of
division commanders and above and the director of the intelligence service
based on a proposal from the Cabinet.
Sixth:
A. Question the President of the Republic based on a justifiable petition by an
absolute majority of the Council of Representatives members.
B. Relieve the President of the Republic by an absolute majority of the Council
of Representatives members after being convicted by the Supreme Federal Court
in one of the following cases:
1- Perjury of the constitutional oath.
2- Violating the Constitution.
3- High treason.
Seventh:
A. The Council of Representatives member may direct questions to the Prime
Minister and the Ministers on any subject within their specialty and they may
answer the members’ questions. The Member who has asked the question solely has
the right to comment on the answer.
B. At least twenty five members of the Council of representatives may table a
general issue for discussion to obtain clarity on the policy and the
performance of the Cabinet or one of the Ministries. It must be submitted to
the President of the Council of Representatives, and the Prime Minister or the
Ministers shall specify a date to come before the Council of Representatives to
discuss it.
C. A Council of Representatives member with the agreement of twenty five
members may direct a question to the Prime Minister or the Ministers to call
them to account on the issues within their authority. The discussion on the
question shall begin at least seven days after submitting the question.
Eighth:
A. The Council of Representatives may withdraw confidence from one of the
Ministers by an absolute majority and he is considered resigned from the date
of the decision of confidence withdrawal. The issue of no confidence in the
Minister may be tabled only on that Minister’s wish or on a signed request of
fifty members after an inquiry discussion directed at him. The Council of
Representatives shall not issue its decision regarding the request except after
at least seven days of its submission.
B.
1- The President of the Republic may submit a request to the Council of
Representatives to withdraw confidence from the Prime Minister.
2- The Council of Representatives may withdraw confidence from the Prime
Minister based on the request of one-fifth of its members. This request may be
submitted only after a question has been put to the Prime Minister and after at
least seven days from submitting the request.
3- The Council of Representatives shall decide to withdraw confidence from the
Prime Minister by an absolute majority of its members.
C. The Government is considered resigned in case of withdrawal of confidence
from the Prime Minister.
D. In case of a vote of withdrawal of confidence in the Cabinet as a whole,
the Prime Minister and the Ministers continue in their positions to run
everyday business for a period not to exceed thirty days until a new cabinet is
formed in accordance with the provisions of article 74 of this constitution.
E. The Council of Representatives may interrogate independent commission heads
in accordance with the same procedures as for the ministers and may dismiss
them by an absolute majority.
Ninth:
A. To consent to the declaration of war and the state of emergency by a
two-thirds majority based on a joint request from the President of the Republic
and the Prime Minister.
B. The period of the state emergency shall be limited to thirty days,
extendable after approval each time.
C. The Prime Minister shall be authorized with the necessary powers that enable
him to manage the affairs of the country within the period of the state of
emergency and war. A law shall regulate these powers that do not contradict the
constitution.
D. The Prime Minister shall present to the Council of Representatives the
measures taken and the results within the period of declaration of war and
within 15 days of the end of the state of emergency.
Article 60:
First: The Council of Ministers shall submit the draft general budget bill and
the closing account to the Council of Representatives for approval.
Second: The Council of Representatives may conduct transfers between the
sections and chapters of the general budget and reduce the total of its sums,
and it may suggest to the Cabinet to increase the total expenses, when
necessary.
Article 61:
First: A law shall regulate the rights and privileges of the speaker of the
Council of Representatives, his two deputies and the members of Council of
Representatives.
Second:
A. Each member of the Council of Representatives shall enjoy immunity for
statements made while the Council is in session, and the member may not be
prosecuted before the courts for such.
B. A Council of Representatives member may not be placed under arrest during
the legislative term of the Council of Representatives, unless the member is
accused of a felony and the Council of Representatives members consent by an
absolute majority to lift his immunity or if caught in flagrante delicto in the
commission of a felony.
C. A Council of Representatives member may not be arrested after the
legislative term of the Council of Representatives, unless the member is
accused of a felony and with the consent of the speaker of the Council of
Representatives to lift his immunity or if he is caught in flagrante delicto in
the commission of a felony.
Article 62:
First: The Council of Representatives may dissolve itself with the consent of
the absolute majority of its members, upon the request of one third of its
members or upon the request of the Prime Minister and the consent of the
President of the Republic. The Council may not be dissolved during the period
in which the Prime Minister is being questioned.
Second: Upon the dissolution of the Council of Representatives, the President
of the Republic shall call for general elections in the country within a period
not to exceed sixty days from the date of its dissolution. The Cabinet in this
case is considered resigned and continues to run everyday business.
Second: The Federation Council
Article 63:
A legislative council shall be established named the “Federation Council” to
include representatives from the regions and the governorates that are not
organized in a region.
A law, enacted by a two third majority of the members of the Council of
representatives, shall regulate the Federation Council formation, its
membership conditions and its specializations and all that is connected with
it.
Chapter Two
The Executive Power
Article 64:
The Federal Executive Power shall consist of the President of the Republic and
the Council of Ministers and shall exercise its powers in accordance with the
constitution and the law.
First: The President of the Republic
Article 65:
The President of the Republic is the Head of the State and a symbol of the
unity of the country and represents the sovereignty of the country. He
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.
Article 66:
A nominee to the Presidency must meet the following conditions:
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Must be an Iraqi by birth, born to Iraqi parents.
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Must be fully eligible and has completed forty years of
age.
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Must be of good reputation and political experience, and
known for his integrity, righteousness, fairness and loyalty to the homeland.
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Must not have been convicted of a crime involving moral
turpitude.
Article 67:
A law shall regulate the nomination to the post of the President of the
Republic.
A law shall regulate the nomination of one or more vice presidents/deputies.
Article 68:
First: The Council of Representatives shall elect, from amongst the nominees,
the President of the Republic by a two-thirds majority of its members.
Second: If any of the candidates do not receive the required majority vote then
the two candidates who received the highest number of votes shall compete and
the one who receives the highest number of votes in the second election shall
be declared as President.
Article 69:
The President shall take the Constitutional Oath before the Council of
Representatives in the form stipulated in Article 49 of the Constitution.
Article 70:
First: The President of the Republic’s term in office shall be limited to four
years and may be elected for a second time and no more.
Second: The Council of Representatives shall elect a new President three months
prior to the end of the term in office of the outgoing President.
A. The term of the President terminates upon termination of the Council of
Representatives’ term.
B. The President will continue to carry out his duties until a new Council of
Representatives is elected and until a new President is elected, within 30
days.
C. In case the post of President is empty/becomes vacant for any reason then a
new President shall be elected to fulfill the remaining term of the past/former
President.
Article 71:
The President of the Republic shall assume the following powers:
A- To issue a special pardon on the recommendation of the Prime Minister,
except for anything concerning private claim and for those who have been
convicted of committing international crimes, terrorism, and financial and
administrative corruption.
B- To ratify international treaties and agreements after the approval by the
Council of Representatives. Such international treaties and agreements are
considered ratified after fifteen days from the date of receipt.
C- To ratify and issue the laws enacted by the Council of Representatives.
Such laws are considered ratified after fifteen days from the date of receipt.
D- To call the elected Council of Representatives to convene during a period
not to exceed fifteen days from the date of approval of the election results
and in the other cases stipulated in the Constitution.
E- To award medals and decorations on the recommendation of the Prime Minister
in accordance with the law.
F- To accredit Ambassadors.
G- To issue Presidential decrees.
H- Ratify death sentences issued by the competent courts.
I- Perform the duty of the Higher Command of the armed forces for ceremonial
and honorary purposes.
J- Exercise any other presidential powers stipulated in this Constitution.
Article 72:
A law shall fix the salary and the allowances of the President of the Republic.
Article 73:
First: The President of the Republic shall have the right to submit his
resignation in writing to the Speaker of the Council of Representatives, and is
considered effective after seven days from the date of its submission to the
Council of Representatives.
Second: The “Vice” President shall assume the office of the President in case
of his absence.
Third: The Vice President shall assume the duties of the President of the
Republic or in the event of the post of the President becomes vacant for any
reason whatsoever. The Council of Representatives must elect a new President
within a period not to exceed thirty days from the date of the vacancy.
Fourth: In the case the post of the President of the Republic becomes vacant,
the Speaker of the Council of Representatives shall replace the President of
the Republic in case he does not have a Vice President, on the condition that a
new President is elected during a period not to exceed thirty days from the
date of the vacancy and in accordance with the provisions of this Constitution.
Second: Council of
Ministers
Article 74:
First: The President of the Republic shall name the nominee of the Council of
Representatives bloc with the largest number to form the Cabinet within fifteen
days from the date of the first meeting of the Council of Representatives.
Second: The Prime Minister-designate shall undertake the naming of the members
of his Cabinet within a period not to exceed thirty days from the date of his
designation.
Third: In case the Prime Minister-designate fails to form the cabinet during
the period specified in clause “Second,” the President of the Republic shall
name a new nominee for the post of Prime Minister within fifteen days.
Fourth: The Prime Minister-designate shall present the names of his Cabinet
members and the ministerial program to the Council of Representatives. He is
deemed to have gained its confidence upon the approval, by an absolute majority
of the Council of Representatives, of the individual Ministers and the
ministerial program.
Fifth: The President of the Republic shall name another nominee to form the
cabinet within fifteen days in case the Cabinet did not gain the confidence.
Article 75:
First: The conditions for assuming the post of the Prime Minister shall be the
same as those for the President of the Republic, provided that he has completed
thirty five years of age and has a college degree or its equivalent.
Second: The conditions for assuming the post of Minister shall be the same as
those for members of the Council of Representatives provided that he holds a
college degree or its equivalent.
Article 76:
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. He
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.
Article 77:
The Prime Minister and members of the Cabinet shall take the Constitutional
Oath before the Council of Representatives in the form stipulated in Article 49
of the Constitution.
Article 78:
The Cabinet shall exercise the following powers:
First: Plan and execute the general policy and the general plans of the State
and oversee the work of the ministries and departments not associated with a
ministry.
Second: To propose bills.
Third: To issue rules, instructions and decisions for the purpose of
implementing the law.
Fourth: To prepare the draft of the general budget, the closing account, and
the development plans.
Fifth: To recommend to the Council of Representatives to approve the
appointment of under secretaries, ambassadors, State senior officials, Chief of
Staff of the Armed Forces and his assistants, Division Commanders or higher,
Director of the National Intelligence Service, and heads of security
institutions.
Sixth: To negotiate and sign international agreements and treaties or designate
any person to do so.
Article 79:
First: The President of the Republic shall take up the office of the Prime
Minister in the event the post becomes vacant for any reason whatsoever.
Second: The President must designate another nominee to form the cabinet within
a period not to exceed fifteen days in accordance with the provisions of
article 74 of this Constitution.
Article 80:
A law shall regulate the salaries and allowances of the Prime Minister and
Ministers, and anyone of their grade.
Article 81:
The responsibility of the Prime Minister and the Ministers before the Council
of Representatives is of a joint and personal nature.
Article 82:
First: A law shall regulate the work of the security institutions and the
National Intelligence Service and shall define its duties and authorities. It
shall operate in accordance with the principles of human rights and be subject
to the oversight of the Council of Representatives.
Second: The National Intelligence Service shall be attached to the Cabinet.
Article 83:
The Council of
Ministers shall establish internal bylaws to organize the work therein.
Article 84:
A law shall
regulate the formation of ministries, their tasks, their responsibilities and
the authorities of the minister.
Chapter Three
The Judicial Authority
Article 85:
The Judicial authority is independent. The courts, in their various types and
classes, shall assume this authority and issue decisions in accordance with the
law.
Article 86:
Judges are independent and there is no authority over them except that of the
law. No authority shall have the right to interfere in the Judiciary and the
affairs of Justice.
Article 87:
The Federal Judicial Authority is comprised of the Higher Juridical Council,
Supreme Federal Court, Federal Court of Cassation, Public Prosecution
Department, Judiciary Oversight Commission and other Federal Courts that are
regulated in accordance with the law.
First: Higher
Juridical Council
Article 88:
The Higher Juridical Council shall oversee the affairs of the Judicial
Committees. The law shall specify the method of its establishment, its
authorities, and the rules of its operation.
Article 89:
The Higher Juridical Council shall exercise the following authorities:
First: To manage the affairs of the Judiciary and supervise the Federal
Judiciary.
Second: To nominate the Chief Justice and members of the Federal Court of
Cassation, the Chief Public Prosecutor, the Chief Justice of the Judiciary
Oversight Commission and present them to the Council of Representatives to
approve their appointment.
Third: To propose the draft of the annual budget of the Federal Judiciary
Authority and present it to the Council of Representatives for approval.
Second: Federal
Supreme Court
Article 90:
First: The Federal Supreme Court is an independent judicial body, financially
and administratively.
Second: The Federal Supreme Court shall be made up of number of judges, and
experts in Islamic jurisprudence and law experts whose number, the method of
their selection and the work of the court shall be determined by a law enacted
by a two third majority of the members of the Council of Representatives.
Article 91:
The Federal Supreme Court shall have jurisdiction over the following:
First: Oversight of the constitutionality of laws and regulations in effect.
Second: Interpretation of the provisions of the constitution.
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