Omar Bennett
Iraq's current constitution was approved by a national referendum on 15 October 2005, with 79% of the votes in favour. The constitution was published on 28 December 2005, in the Official Gazette of Iraq, and came into force. The drafting and adoption of the new Constitution were not without controversy, as sectarian tensions in Iraq figured heavily in the process. The constitution was drafted to replace the Law of Administration for the State of Iraq for the Transitional Period, which was drafted between December 2003 and March 2004 by the Iraqi Governing Council. The constitution establishes Iraq as a federal state in which limited authority over matters such as defence, foreign affairs, and customs regulations is vested in the national government. It also defines the number of members of the Council of Representatives as one representative per 100,000 Iraqi persons.
| Characteristics | Values |
|---|---|
| Established a federal state with limited authority vested in the national government | Defense, foreign affairs, customs regulations |
| Established a parliamentary democracy | Council of Representatives, Council of Union |
| Defined the number of members in the Council of Representatives | One representative per 100,000 Iraqi persons |
| Defined the term length for members of the Council of Representatives | Four years |
| Empowered the Council of Representatives to enact federal laws, monitor the performance of the prime minister and president, ratify foreign treaties, approve appointments, and declare war | N/A |
| Recognized the Kurdish Autonomous Region | N/A |
| Authorized the establishment of future regions in other parts of Iraq | N/A |
| Acknowledged the national rights of the Kurdish people and the rights of minorities | N/A |
| Defined the role and powers of the president | Head of state, administrative review powers, prosecutorial authority over constitutional rights |
| Provided for direct presidential elections | N/A |
| Established public ownership of national resources and means of production | N/A |
| Guaranteed private ownership and economic liberty within the framework of economic planning | N/A |
| Established a Constitutional Review Committee to consider amendments | N/A |
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What You'll Learn
- The 2005 constitution established a federal state, with limited authority vested in the national government
- It defines the Council of Representatives, with one representative per 100,000 citizens
- It acknowledges the national rights of the Kurdish People and the legitimate rights of minorities
- It guarantees private ownership and economic individual liberty
- It provides a framework for a typical parliamentary democracy, with calls for greater accountability
The 2005 constitution established a federal state, with limited authority vested in the national government
The 2005 Constitution of Iraq established a federal state, with limited authority vested in the national government. This was a significant development in the country's political history, as it decentralised power and provided a framework for a parliamentary democracy.
The constitution was drafted by members of the Iraqi Constitution Drafting Committee, and it replaced the Law of Administration for the State of Iraq for the Transitional Period ("TAL"). The TAL was created by the Iraqi Governing Council, an appointed body selected by the Coalition Provisional Authority following the Iraq War and the US-led occupation of Iraq.
The 2005 Constitution defines the Council of Representatives as the main elected body of Iraq, with a variable number of members based on a ratio of one representative per 100,000 Iraqi citizens. The Council's functions include enacting federal laws, monitoring the performance of the prime minister and the president, ratifying foreign treaties, and approving appointments. It also has the authority to declare war and remove ministers through a vote of no confidence.
The constitution also establishes the Council of Union, though it provides little detail on its structure, duties, and powers. This body will likely take the form of an upper house, including representatives from the regions and governorates.
The federal structure of Iraq is further emphasised by the division of the country into governorates and districts, each with its own administrative structures. The constitution also acknowledges the national rights of the Kurdish people and authorises the establishment of future regions within the federal state.
The 2005 Constitution was approved by a national referendum on 15 October 2005, with 79% of voters in favour. However, it faced opposition from Sunni Arab voters, and there were concerns about high voter turnout in Shiite and Kurdish provinces. The process of amending the constitution is complex, requiring parliamentary votes and public referendums, which has made it challenging to address the various demands for constitutional reform that have arisen since 2005.
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It defines the Council of Representatives, with one representative per 100,000 citizens
The Constitution of Iraq was drafted in 2005 by members of the Iraqi Constitution Drafting Committee. It was approved and adopted by the Transitional National Assembly of Iraq on 18 September 2005 and was put to the public in a national referendum on 15 October 2005.
The Constitution defines the Council of Representatives, which is the main elected body of Iraq. The Council does not have a set number of seats, but instead, it is based on a formula of one representative for every 100,000 citizens. This formula ensures that the Council of Representatives reflects the diversity of the Iraqi population and that all citizens are proportionally represented.
The members of the Council of Representatives are elected for four-year terms and they sit in session for eight months per year. The Council's functions include enacting federal laws, monitoring the performance of the prime minister and the president, ratifying foreign treaties, and approving appointments. Additionally, the Council has the authority to declare war and to remove ministers by passing a vote of no confidence.
The Council of Representatives plays a crucial role in Iraq's political system by providing a platform for debate, discussion, and decision-making on key issues. It also serves as a check on the executive power by holding the president and prime minister accountable for their actions.
Since the adoption of the Constitution in 2005, there have been calls for constitutional reform and amendments. The process of amending the Constitution is long and arduous, requiring either a simple majority or a two-thirds majority in parliament, followed by a public referendum. Some leaders in the 2019 Tishrin protest movement pushed for a shift to a presidential or semi-presidential system, while others called for clearer language on controversial issues.
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It acknowledges the national rights of the Kurdish People and the legitimate rights of minorities
The 2005 Iraqi Constitution acknowledges the national rights of the Kurdish people and the legitimate rights of all minorities within the Iraqi unity. The Kurdish Autonomous Region was formed by government decree in 1974, but it only attained autonomy with the help of coalition forces following the Persian Gulf War. The Kurdistan Region was ratified under the 2005 constitution, which also authorises the establishment of future regions in other parts of Iraq as part of a federal state. The Kurdish language is official at the state level.
The 2005 constitution was drafted by members of the Iraqi Constitution Drafting Committee to replace the Law of Administration for the State of Iraq for the Transitional Period. The drafting and adoption of the new Constitution were not without controversy, as sectarian tensions in Iraq figured heavily in the process. The Kurdish and Shi'a bloc within the parliamentary drafting committee proposed the draft, which was signed by the full committee after the inclusion of last-minute amendments aimed at appeasing Sunni Arabs. However, 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.
The Council of Representatives is the main elected body of Iraq, with one representative per 100,000 Iraqi citizens. Ministers serve four-year terms and sit in session for eight months per year. The Council's functions include enacting federal laws, monitoring the performance of the prime minister and the president, and approving appointments. The constitution provides for two deliberative bodies, the Council of Representatives and the Council of Union.
The 2005 constitution is in many ways the framework for a typical parliamentary democracy. However, some leaders in the October 2019 (Tishrin) protest movement have been pushing for a shift to a presidential or semi-presidential system that simultaneously enshrines civil rights. Kurdish parties are disappointed in Iraqi federalism and have called for confederation. The process for amending the constitution is long and arduous, requiring approval from two-thirds of parliament, then a simple public referendum.
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It guarantees private ownership and economic individual liberty
The Iraqi constitution was drafted in 2005 by members of the Iraqi Constitution Drafting Committee. It was approved by a national referendum on 15 October 2005, with 79% of the votes in its favour.
One of the reasons supporting the approval of the new constitution is that it guarantees private ownership and economic individual liberty. The constitution states that "private ownership and economic individual liberty are guaranteed according to the law, and on the basis of not exercising them in a manner incompatible with the economic and general planning". This means that while Iraqis are free to own property and conduct economic activities, these rights are subject to the country's economic and general planning framework.
The protection of private property rights is a fundamental aspect of a market economy, which Iraq's new constitution aimed to foster. By guaranteeing these rights, the constitution provides a level of certainty and security for individuals and businesses, allowing them to invest, innovate, and pursue economic opportunities with confidence.
Additionally, the recognition of economic individual liberty can promote entrepreneurship and innovation. Individuals are free to start businesses, develop new products and services, and pursue economic endeavours that can contribute to Iraq's economic growth and development. This can lead to the creation of new jobs, the introduction of new technologies, and the development of various sectors of the economy.
Moreover, the guarantee of private ownership and economic liberty can attract foreign investment. Investors from other countries are more likely to consider Iraq as a potential destination for their capital if they know that their property rights will be respected and that they will have the freedom to operate their businesses according to their own strategies. Foreign investment can bring new capital, expertise, and technological advancements to Iraq, further boosting economic growth and development.
Overall, the guarantee of private ownership and economic individual liberty in the new constitution provides a foundation for a dynamic and vibrant economy, empowering individuals and businesses to drive innovation, create prosperity, and contribute to the country's economic progress.
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It provides a framework for a typical parliamentary democracy, with calls for greater accountability
The Iraqi Constitution, approved in 2005, provides a framework for a typical parliamentary democracy. The constitution establishes Iraq as a federal state, with limited authority vested in the national government. The constitution outlines the roles of the president, prime minister, and various councils, and it defines the legislative, executive, and judicial powers of the Iraqi government.
The Council of Representatives is the main elected body of Iraq, with one representative for every 100,000 citizens. Ministers serve four-year terms and sit in session for eight months per year. The council's functions include enacting federal laws, monitoring the performance of the prime minister and the president, ratifying foreign treaties, and approving appointments. The Council of Representatives also has the authority to declare war and approve the appointment of military personnel, such as the Army Chief of Staff and division commanders.
The constitution also provides for a Council of Union, the structure, duties, and powers of which are left to future legislation. This body will likely take the form of an upper house, including representatives from the regions and governorates of Iraq.
The constitution was drafted by members of the Iraqi Constitution Drafting Committee, and it faced some controversy due to sectarian tensions. The process of amending the constitution is long and arduous, requiring majority votes and public referendums. Despite the challenges, the constitution provides a framework for a typical parliamentary democracy and includes mechanisms for accountability.
Calls for greater accountability have been made by protest movements, with some leaders pushing for a shift to a presidential system or clearer language on controversial issues. To address these concerns, parliament could enact legislation empowering the president as the "guarantor of the constitution," which would be in line with existing administrative review powers and prosecutorial authority granted to the president.
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Frequently asked questions
Iraq's first constitution was established in 1925 under British military occupation and lasted until the 1958 revolution. Interim constitutions were adopted in 1958, 1964, 1968, and 1970, with the last remaining in effect until the Transitional Administrative Law was adopted in 2003. The current constitution was drafted in 2005 and approved by a national referendum on 15 October 2005.
The 2005 constitution established Iraq as a federal state with a parliamentary democracy. It defines the Council of Representatives as the main elected body, with one representative per 100,000 Iraqi citizens, serving four-year terms. The constitution also outlines the powers of the Council, including enacting federal laws, monitoring the performance of the prime minister and president, and approving appointments and declarations of war. Additionally, it acknowledges the national rights of the Kurdish people and the legitimate rights of all minorities within Iraq.
There have been calls for constitutional reform in Iraq due to the lack of accountability in the current consensus-driven system. Some leaders have pushed for a shift to a presidential or semi-presidential system, while others have called for clearer language on controversial issues such as parliamentary quorums and petroleum management rights. The process of amending the constitution is long and complex, and any changes would need to be carefully considered to balance the demands of various political groups in the country.
