Constitution of Iraq: Difference between revisions

The '''Constitution of the Republic of Iraq''' ({{lang-langx|ar|دستور جمهورية العراق}} [[Kurdish languages|Kurdish]]: دەستووری عێراق) is the fundamental law of [[Iraq]]. The first [[constitution]] came into force in 1925. The current constitution was adopted on September 18, 2005 by the [[Transitional National Assembly of Iraq]],<ref>[https://csis-website-prod.s3.amazonaws.com/s3fs-public/legacy_files/files/media/csis/pubs/050928_lowintenschron.pdf Sara B. Moller (2005), Low Intensity Conflict and Nation-Building in Iraq: A Chronology]</ref> and confirmed by [[2005 Iraqi constitutional referendum|constitutional referendum]], held on October 15, 2005.<ref>[https://www.usip.org/sites/default/files/sr155.pdf Jonathan Morrow (2005): Iraq’s Constitutional Process II: An Opportunity Lost]</ref> It was published on December 28, 2005 in the ''[[Official Gazette of Iraq]]'' (No. 4012), in [[Arabic]] original,<ref>[{{Cite web |url=http://zaidalali.bookswarm.co.uk/wp-content/uploads/2014/03/Iraqs-constitution-FINAL-official-gazette-copy.pdf |title=''Constitution of the Republic of Iraq'', Official Gazette of Iraq, No. 4012, of December 28, 2005 (Arabic text)] |access-date=29 November 2020 |archive-date=8 April 2023 |archive-url=https://web.archive.org/web/20230408194141/https://zaidalali.bookswarm.co.uk/wp-content/uploads/2014/03/Iraqs-constitution-FINAL-official-gazette-copy.pdf |url-status=dead }}</ref> and thus came into force. OfficialAn official translation for international use (ininto [[English language|English]] language)for international use was produced in cooperation between Iraqi state authorities and the [[United NationNations]]'s Office for Constitutional Support.<ref>[https://www.wipo.int/edocs/lexdocs/laws/en/iq/iq004en.pdf UN WIPO: Iraqi Constitution (2005) in English translation]</ref><ref>[http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view The ACE Electoral Knowledge Network: Iraqi Constitution (2005)]</ref> Since 2006, several proposals for adoption of various [[Amendment to the Constitution of Iraq|constitutional amendments]] were initiated. The [[Kurdish languages|Kurdish language]] is official at state level.<ref>{{Cite web |title=Constitution Building and Federal Options in Iraq: The Kurdish Challenge - Iraq |url=https://reliefweb.int/report/iraq/constitution-building-and-federal-options-iraq-kurdish-challenge |access-date=2022-04-09 |website=ReliefWeb |language=en}}</ref>

The current constitution was approved by a [[2005 Iraqi constitutional referendum|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 "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[[Occupation of Iraq (2003–2011)|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 similar 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.{{Ref|constitutionalrevisioncommittee}}

Electoral Commission officials said at a news conference that 78 percent of voters backed the charter and 21 percent opposed it. Of the [[Governorates of Iraq|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 had previously said.

The [[Transitional National Assembly of Iraq]], which was [[January 2005 Iraqi parliamentary election|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).

The fistfirst draft of the proposed constitution was presented to the Transitional National Assembly on Sunday 28 August 2005. It described the state as a "[[Democracy in Iraq|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.

Since there were several unnoficialunofficial 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 [[English language|English]] language) was produced, in cooperation between state authorities Iraq and the [[United NationNations]]'s Office for Constitutional Support.

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. {{Ref|constitutionalrevisioncommittee}}

The President of the Republic is the [[head of state]] 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."<ref>Constitution of Iraq, Article 64</ref> The President is elected by the Council of Representatives by a two-thirds majority,<ref>Constitution of Iraq, Article 67</ref> and is limited to two four-year terms.<ref>Constitution of Iraq, Article 69</ref> The President ratifies treaties and laws passed by the Council of Representatives, issues [[pardon]]s on the recommendation of the [[Prime Minister of Iraq|Prime Minister]], and performs the "duty of the HigherHigh Command of the armed forces for ceremonial and honorary purposes."<ref>Constitution of Iraq, Article 70</ref>

* [https://web.archive.org/web/20110304074809/http://www.iraqinationality.gov.iq/attach/iraqi_constitution.pdf Iraq, Ministry of Interior -– General Directorate for Nationality: Iraqi Constitution (2005)]

* [http://www.gjpi.org/library/primary/iraqi-constitution The Global Justice Project: Iraq -– Constitution (legal overview and links to constitutional texts)]

[[Category:2005 establishments in Iraq]]

[[Category:October 2005 events in AsiaIraq]]