Simone Lawson
Iraq's current constitution was approved by a referendum on 15 October 2005, with 78%-79% of voters in favour. The constitution was drafted in 2005 by members of the Iraqi Constitution Drafting Committee and was influenced by the country's political history, fears of Islamic extremism, and concerns about greater federalism leading to separatism. It was also shaped by the desire to create a strong, centralised government with exclusive authority over foreign policy, national security, fiscal policy, citizenship, and more. The constitution guarantees rule of law, equality before the law, equal opportunity, privacy, freedom of expression, freedom of assembly, and various other rights.
| Characteristics | Values |
|---|---|
| Date of Approval | 15 October 2005 |
| Basis | * The constitution of Iraq is based on the 1970 constitution, Islamic law, and the civil law system. |
| * It was also influenced by the laws and constitutions of other countries, including the United States, France, and Germany. | |
| Key Provisions | * Federal parliamentary republic with a bicameral legislature |
| * Islam is the official religion, and no law can be passed that contradicts the established provisions of Islam. | |
| * Guarantees the independence of the judiciary and establishes a Federal Supreme Court | |
| * Defines the rights and duties of citizens, including freedom of speech, assembly, and religion | |
| * Details the structure and powers of the central government and the regions | |
| Amendments | Can be proposed by a two-thirds majority vote in the Council of Representatives and approved by a majority of voters in a referendum |
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What You'll Learn
The constitution was approved on 15 October 2005
Iraq's constitution was approved on 15 October 2005, in a national referendum. The constitution was approved by 79% of the votes.
The constitution was based on several factors, including Iraq's political history and the need to address fears of Islamic extremism and greater federalism leading to separatism. The country's history of political turmoil and the desire to create a more stable and unified nation also played a role in shaping the constitution.
One of the key features of the 2005 Iraqi constitution is its emphasis on federalism and the recognition of Iraq as a multi-ethnic, multi-religious, and multi-sect country. The constitution describes Iraq as a "democratic, federal, representative republic". It also guarantees the rights of various ethnic and religious groups within the country, such as Turkomen, Chaldeans, and Assyrians.
The constitution outlines the powers and responsibilities of the different branches of government, including the executive branch, led by the President, and the Council of Ministers. It also establishes the Federal Supreme Court as an independent judicial body responsible for interpreting the constitution and settling disputes between the federal government and other entities.
The constitution-making process involved negotiations and compromises to ensure the support of various groups, including Sunni Muslims. This included the agreement to establish a Constitutional Review Committee to consider potential amendments to the constitution.
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It was influenced by Iraq's political history
Iraq's constitution was approved on 15 October 2005, in a national referendum. The constitution was influenced by Iraq's long and tumultuous political history, which has been marked by numerous conquests and changes in leadership.
Iraq, or the Republic of Iraq, is located in an area called Mesopotamia, between the Tigris and Euphrates rivers. The region has been ruled by various empires and groups throughout history, including the Babylonians, Hittites, Kassites, Chaldeans, Greeks, Romans, Iranians, and Muslims. Each of these rulers has left an imprint on the region's culture, society, and political systems.
Iraq's more recent history has been particularly turbulent, with the country experiencing a series of conflicts and regime changes in the late 20th and early 21st centuries. In the early 2000s, Iraq was led by Saddam Hussein, whose authoritarian rule and alleged pursuit of weapons of mass destruction drew international condemnation. Following the 11 September 2001 attacks on the World Trade Centers in New York City, an American-led coalition force ousted Saddam Hussein from power in March 2003.
The development of Iraq's constitution was influenced by the country's experience with Hussein's regime and the subsequent transition to a new form of government. The constitution sought to address concerns about Islamic extremism and separatism, while also aiming to establish a democratic, federal, representative republic that recognised the country's multi-ethnic, multi-religious, and multi-sect nature.
The constitution outlines the roles and responsibilities of various governmental bodies, including the President, the Council of Ministers, the Federal Supreme Court, and the Council of Representatives. It establishes checks and balances between these branches of government and outlines the processes for amending the constitution and addressing concerns about constitutionality.
In summary, Iraq's constitution was shaped by the country's complex political history, including its experience with dictatorial regimes and foreign interventions. The document reflects a desire to establish a more democratic, representative, and stable political system that respects the rights and liberties of Iraq's diverse population.
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It was shaped by fears of Islamic extremism
The Iraqi constitution, approved on October 15, 2005, was shaped by several factors, including the desire to create a democratic federal system, to protect human rights, and to establish a framework for the country's diverse ethnic and religious groups to share power. However, one of the most significant influences on the constitution was the fear of Islamic extremism. This fear reflected the country's recent history, the influence of regional powers, and the desire to create a stable and secure Iraq.
The constitution's provisions on federalism, for instance, were partly designed to contain and manage the threat of Islamic extremism. By devolving power to regional and provincial levels, it was hoped that Sunni and Shi'ite extremists could be isolated and their influence reduced. This was a direct response to the rise of groups like Al-Qaeda in Iraq, which had exploited the country's sectarian divisions and the power vacuum created by the 2003 invasion. Federalism was also seen as a way to mirror the autonomy enjoyed by the Kurdistan Region, which had been relatively successful in keeping extremist groups at bay.
The constitution also sought to balance Islamic law (Sharia) and civil law, a delicate task given the country's diverse religious makeup. While Islam was established as the official religion, and a key source of legislation, the constitution also guaranteed freedom of religion and conscience, and prohibited discrimination based on religion or belief. These provisions were aimed at reassuring Iraq's religious minorities, who had often been targeted by extremist groups, and at preventing the country's laws from being dominated by any one interpretation of Islamic law, which could marginalize certain groups.
The role of women was another area where the constitution sought to push back against Islamic extremism. Despite pressure from conservative Islamic parties, the constitution guaranteed equal rights and opportunities for women, and a minimum of one-quarter of parliamentary seats were reserved for women. These provisions were a direct response to the repression and violence often inflicted on women by extremist groups, and the desire to ensure that Iraq's new democratic system was inclusive and respectful of human rights.
Finally, the constitution's emphasis on a strong central government, with a powerful executive, was partly a response to the perceived threat of Islamic extremism. This included measures to strengthen the country's security forces and give them broad powers to combat terrorism and extremist groups. However, this aspect of the constitution has also been a source of tension, with critics arguing that it has enabled authoritarian tendencies and the suppression of legitimate political opposition.
In conclusion, while the Iraqi constitution had a range of influences, the fear of Islamic extremism was a significant factor that shaped many of its key provisions. This fear influenced the structure of the federal system, the balance between Islamic and civil law, the rights of women and minorities, and the powers of the central government. The constitution's architects hoped that these measures would help create a stable, secure, and inclusive Iraq, capable of resisting the appeal of extremist ideologies.
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It was shaped by a desire for greater federalism
The Constitution of Iraq was approved on 15 October 2005, in a national referendum, by a majority of 79% of the votes. 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" (Article 1).
The desire for greater federalism was a significant factor in shaping the Iraqi constitution. The country's political history and fears of Islamic extremism and separatism also influenced the document. The constitution aimed to address the concerns of Iraq's diverse population, including Sunni and Shi'a Muslims, Kurds, and other ethnic and religious groups.
The constitution establishes a federal system with a division of powers between the central government and the regions and governorates. The Federal Supreme Court, an independent judicial body, interprets the constitution and settles disputes between the federal government and the regions and local administrations. The court also ratifies the final results of general elections for the Council of Representatives, which is the legislative body in Iraq's parliamentary system.
The Council of Representatives is composed of members elected according to population, with one representative for every 100,000 Iraqis. It has the power to monitor and question the performance of the government, including the President, Prime Minister, and ministers. The Council can also remove members of the government through a vote of no confidence.
The constitution guarantees the rights and representation of Iraq's various nationalities, such as Turkomen, Chaldeans, and Assyrians. It also provides for a Constitutional Review Committee to consider amendments to the constitution, ensuring a mechanism for ongoing revision and adaptation to the country's evolving needs and aspirations.
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It was approved by 79% of the votes
Iraq's constitution was approved by 79% of the votes in a national referendum on 15 October 2005. The referendum came after a long period of political turmoil in Iraq, which saw the country ruled by various different groups and, more recently, the toppling of Saddam Hussein by US-led coalition forces in 2003.
The 2005 constitution was heavily influenced by Iraq's political history, as well as by fears of Islamic extremism and greater federalism leading to separatism. The first draft of the proposed constitution was presented to the Transitional National Assembly on 28 August 2005. This draft described Iraq as a "democratic, federal, representative republic" and a "multi-ethnic, multi-religious and multi-sect country".
The draft was approved, but negotiations continued to ensure the support of Sunni groups, leading to revisions and redrafting. On 18 September 2005, the Transitional National Assembly approved and adopted the final constitutional draft, which was then put to the public in the referendum. The constitution was finally adopted on 15 October 2005, with almost 80% of the vote.
The high level of approval for the constitution can be partly attributed to the compromises made before the referendum. It was agreed that the first parliament elected under the new constitution would institute a Constitutional Review Committee to determine whether the constitution should be amended. This concession led to the Sunni-majority Iraqi Islamic Party agreeing to back a Yes vote in the referendum.
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Frequently asked questions
Iraq's current constitution was approved by referendum on 15 October 2005.
The constitution was based on a desire to establish Iraq as a democratic, federal, representative republic. It also sought to guarantee the Islamic identity of the majority of the Iraqi people and guarantee the full religious rights to freedom of religious belief and practice of all individuals.
The 2005 constitution guaranteed equality for all Iraqis, regardless of gender, race, social status, religion, or creed. It also established Iraq as a single, independent, and fully sovereign state, with a republican, representative, parliamentary, and democratic system of government.
