Constitution of Iraq

Constitution of Iraq is the supreme law of Iraq, establishing the country as a federal parliamentary republic. It was drafted by the Iraqi Transitional Government following the 2003 invasion of Iraq and approved by a public referendum in October 2005. The document defines the structure of the Federal government of Iraq, outlines the rights of citizens, and distributes powers between the federal government and the regions.

Background and history

The development followed the Iraq War and the dissolution of the previous regime by the Coalition Provisional Authority. The foundational legal framework during the transition was the Law of Administration for the State of Iraq for the Transitional Period, drafted by the Iraqi Governing Council and overseen by L. Paul Bremer. A Constitutional Committee was elected in January 2005, with drafting negotiations involving major political entities like the Islamic Dawa Party, the Kurdistan Democratic Party, and the Supreme Council for Islamic Revolution in Iraq. Intense debates, particularly over federalism and the role of Islam in Iraq, culminated in a draft presented to the Iraqi Transitional National Assembly. The final text was ratified by a national referendum on 15 October 2005, coinciding with the trial of Saddam Hussein.

Structure and content

It is composed of a preamble and six chapters, containing 144 articles. Chapter One covers basic principles, declaring Iraq a single, independent state with Islam as a main source of legislation. Chapter Two outlines rights and liberties, including freedom of expression and assembly. Chapter Three details the federal powers, establishing the Council of Representatives of Iraq as the legislative body and defining the authority of the President of Iraq and the Prime Minister of Iraq. Chapter Four addresses the powers of federal regions, notably the Kurdistan Region, and governorates. Chapter Five establishes the independent Federal Supreme Court of Iraq, while Chapter Six contains final and transitional provisions.

Key principles and provisions

A foundational principle is the federal democratic system, distributing authority between Baghdad and regional governments like the Kurdistan Regional Government. It recognizes both Arabic and Kurdish as official languages and guarantees the rights of ethnic and religious groups such as Assyrians, Turkmen, and Mandaeans. It establishes Islam as the state religion and a source of law but also commits to democratic principles, equality, and the rule of law. Key articles define the nation's oil and gas wealth as belonging to all Iraqi people, managed by the federal government in conjunction with producing regions and governorates.

Amendments and revisions

The process for changes is outlined in Article 142, requiring a two-thirds majority in the Council of Representatives of Iraq followed by a public referendum. A key review committee was formed in 2006, but major proposed amendments concerning federalism, resource revenue sharing, and the balance of power between central and regional authorities have faced persistent political deadlock. Specific contentious points include the status of Kirkuk and other disputed territories, as well as the powers of the Federal Supreme Court of Iraq. No comprehensive amendments have been successfully enacted since its ratification.

Implementation and challenges

Implementation has been challenged by political fragmentation, sectarian conflict, and the rise of the Islamic State of Iraq and the Levant. Disputes over oil revenue sharing between the federal government and the Kurdistan Region have been a persistent source of tension. The functioning of institutions like the Federal Supreme Court of Iraq has been contested, particularly regarding its jurisdiction over regional legislation. The constitution's framework was tested during the post-invasion insurgency, the Sadrist movement uprisings, and the 2017 Iraqi-Kurdish conflict. Ongoing debates center on the extent of regional autonomy, the application of Islamic law, and the integration of Popular Mobilization Forces into the state security apparatus under the constitutional framework. Category:Iraqi law Category:National constitutions Category:2005 in Iraq