Jonah Patel
Iraq's current constitution was adopted in 2005, following a referendum. The constitution was drafted by members of the Iraqi Constitution Drafting Committee and was published in the Official Gazette of Iraq. An official translation into English for international use was produced in cooperation with the United Nations Office for Constitutional Support. The constitution establishes Iraq as a federal state with a democratic, federal, representative, parliamentary republic system of government. It guarantees the Islamic identity of the majority of the Iraqi people and full religious rights for all individuals.
| Characteristics | Values |
|---|---|
| First constitution | Came into force in 1925 |
| Current constitution | Approved by referendum on October 15, 2005 |
| Adopted on September 18, 2005 | |
| Published on December 28, 2005 | |
| Official translation | Produced in English for international use |
| Produced in cooperation with the UN's Office for Constitutional Support | |
| UN's role in the Iraq War | The UN secretary general, Kofi Annan, declared the war illegal |
| The invasion was not sanctioned by the UN security council |
Explore related products
$25.99 $41
What You'll Learn
The UN's role in Iraq's constitution-making process
The United Nations played a supporting role in Iraq's constitution-making process. Following the 2003 invasion of Iraq, the UN was involved in the country's transition to a democratic government.
In 2003, after the fall of Saddam Hussein, the Transitional Administrative Law was adopted, and an interim constitution was approved in March 2004 by the Iraqi Governing Council (IGC), an appointed body selected by the Coalition Provisional Authority (CPA). This interim constitution established a framework for a typical parliamentary democracy, with a president as head of state and a prime minister as head of government.
The final draft of the constitution was presented to the Transitional National Assembly on 28 August 2005, and it was approved and adopted on 18 September 2005. It was then put to a national referendum on 15 October 2005, where it was approved by the Iraqi people. The constitution was published on 28 December 2005 in the Official Gazette of Iraq.
The UN's Office for Constitutional Support worked with Iraqi state authorities to produce an official English translation of the constitution for international use. This was necessary due to the existence of several unofficial translations of previous drafts.
The constitution establishes Iraq as a federal, independent, and sovereign state, with a democratic, republican, representative, and parliamentary system of government. It guarantees the Islamic identity of the majority and religious rights and freedoms for all individuals. It also ensures that no laws may contradict the principles of democracy, the rights and basic freedoms stipulated within, or the established provisions of Islam.
The constitution outlines the role of the president as the head of state, a symbol of the country's unity, and a guardian of its independence and sovereignty. It also provides for two deliberative bodies: the Council of Representatives and the Council of Union.
Constitution: Balancing Light and Dark
You may want to see also
The UN's Office for Constitutional Support
The United Nations' Office for Constitutional Support was involved in the creation of the Constitution of Iraq. The Constitution of the Republic of Iraq is the fundamental law of the country. Iraq's first constitution was established under British military occupation in 1925 and remained in effect until 1958. Following the 2003 invasion of Iraq, an interim constitution was approved in March 2004, and a permanent constitution was approved by referendum on 15 October 2005. This constitution established Iraq as a federal state with a democratic, federal, representative, and parliamentary republican system of government.
The 2005 Constitution sets out a multitude of basic assertions. It describes Iraq as a single, independent, and fully sovereign state, with Islam as the state religion and a foundation for the country's laws. The Constitution guarantees the Islamic identity and full religious rights of the majority of Iraqis, as well as freedom of creed and religious practice for all. It also outlines the role of the President of the Republic as the Head of State and a symbol of the country's unity, sovereignty, and independence.
The Constitution provides for a democratic system of government, with the people as the source of authority and legitimacy. It establishes the Council of Representatives and the Council of Union as deliberative bodies, with the former having the right to dissolve the Iraqi High Tribunal, an independent judicial body examining the crimes of the former dictatorial regime. The Constitution also addresses issues such as terrorism, restrictions on political parties, and compensation for victims of oppressive practices.
Founding Fathers: A True Reflection of Society?
You may want to see also
The Transitional National Assembly of Iraq
The Assembly elected Jalal Talabani to head the Presidency Council on April 6, 2005, and approved Ibrahim al-Jaafari and his cabinet on April 28, 2005. Al-Jaafari was confirmed as Iraq's next Prime Minister, tasked with leading the difficult work of drafting a new constitution for a democratic Iraq. The Transitional National Assembly also approved a list of Cabinet ministers representing the unity and diversity of Iraq.
The Transitional National Assembly was preceded by an interim constitution adopted in 1970, which established Iraq as a republic with an elected National Assembly. However, elections for this Assembly did not occur until 1980 under Saddam Hussein, and only members of his Baath Party were ever elected. Hussein was removed from power in 2003, leading to the establishment of the Coalition Provisional Authority, which signed an interim constitution calling for the election of the transitional National Assembly.
The 2005 elections for the Transitional National Assembly were followed by the approval of a permanent constitution in October of the same year. This constitution established Iraq as a federal state with a typical parliamentary democracy framework. It provided for two deliberative bodies: the Council of Representatives and the Council of Union, with legislative authority vested in both.
Death Penalty: Constitutional or Not?
You may want to see also
Explore related products
The Iraqi Constitution Drafting Committee
Iraq's first constitution, which established a constitutional monarchy, came into force under British military occupation in 1925 and remained effective until 1958. Since then, interim constitutions were adopted in 1958, 1964, 1968, and 1970, with the last remaining in effect de jure until the Transitional Administrative Law was adopted in 2003 after the fall of Saddam Hussein.
In 1990, a draft constitution was prepared but never came into effect due to the onset of the Gulf War. The current Iraqi 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 ("TAL"). The TAL was drafted between December 2003 and March 2004 by the Iraqi Governing Council, an appointed body selected by the Coalition Provisional Authority after the Iraq War and Occupation of Iraq by the United States and Coalition forces.
The first draft of the proposed constitution was presented to the Transitional National Assembly on 28 August 2005. It described the state as a democratic, federal, representative republic and a multi-ethnic, multi-religious, and multi-sect country. The draft was approved, but political negotiations continued to ensure the support of Sunni groups, leading to revisions and redrafting.
On 18 September 2005, the Transitional National Assembly of Iraq approved and adopted the final constitutional draft, which was then put to a referendum. The Constitution was finally adopted on 15 October 2005, in a national referendum, and published on 28 December 2005 in the Official Gazette of Iraq. An official translation into English for international use was produced in cooperation between Iraqi state authorities and the United Nations' Office for Constitutional Support.
The Constitution sets out several basic assertions. It establishes Iraq as a single, independent, and fully sovereign state with a democratic, federal, representative, parliamentary republic system of government. Islam is the state religion and the basic foundation for the country's laws, and no law may contradict the established provisions of Islam or the principles of democracy and rights and basic freedoms outlined in the Constitution. The Islamic identity of the majority of Iraqis and the full religious rights for all individuals are guaranteed, along with freedom of creed and religious practices.
The Constitution also outlines the role of the President of the Republic as the Head of State, symbolizing the country's unity and representing its sovereignty. The President is tasked with guaranteeing the commitment to the Constitution and preserving Iraq's independence, sovereignty, unity, and territorial safety. Qualifications for the office include being an Iraqi by birth, over forty years old, of good reputation and political experience, known for integrity, uprightness, fairness, and loyalty to the homeland.
Texas Constitution: What Rights Are Guaranteed?
You may want to see also
The UN's involvement in post-conflict constitution-making
In 2005, the UN's Office for Constitutional Support collaborated with Iraqi state authorities to produce an official English translation of the new constitution for international use. This was to ensure consistency, as there had been several unofficial translations of previous drafts. The final version of the constitution was approved by a national referendum on 15 October 2005 and published on 28 December 2005 in the Official Gazette of Iraq.
The constitution establishes Iraq as a democratic, federal, representative republic, with Islam as the state religion. It guarantees the Islamic identity and religious rights of the majority of Iraq's population, while also ensuring freedom of creed and religious practice for all. The constitution also sets out the division of powers, with the president as head of state and the prime minister as head of government.
The UN has continued to engage with Iraq on constitutional matters. For example, the UN has called for reforms to bolster accountability, promote competency, improve transparency, and fortify governance systems. The UN has also emphasised the need to protect human rights and fight corruption, urging Iraq to uphold its international human rights commitments.
Overall, the UN's involvement in Iraq's post-conflict constitution-making process has been aimed at supporting the country's transition to a more democratic and stable government, while also ensuring that the constitution aligns with international law and human rights standards.
Bartering: Trading Goods or Services as Consideration?
You may want to see also
Frequently asked questions
The UN did not sponsor the writing of the constitution of Iraq, but it did help produce an official English translation of the document for international use.
Iraq's first constitution was established in 1925 under British military occupation. The country's most recent constitution was approved by referendum on October 15, 2005, and came into force on December 28, 2005.
The constitution of Iraq establishes the country as a democratic, federal, representative, parliamentary republic. It also states that Islam is the state religion and that no law may contradict the established provisions of Islam or the principles of democracy. It also includes information about the government and terrorism restrictions.
