Jonah Patel
Iraq's current constitution was ratified in October 2005, following a national referendum. This was the latest in a long line of constitutional changes in the country, which has seen a military coup in 1963, two interim constitutions in 1968 and 1970, and the fall of the Ba'ath Party in 2003.
| Characteristics | Values |
|---|---|
| Date of adoption | 18 September 2005 |
| Date of confirmation | 15 October 2005 |
| Date of publication | 28 December 2005 |
| Date of official translation | Summer 2005 |
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What You'll Learn
- The first Iraqi constitution came into force in 1925
- The current Iraqi constitution was adopted on 18 September 2005
- The current Iraqi constitution was confirmed by a referendum on 15 October 2005
- The Iraqi constitution was published on 28 December 2005
- The Iraqi constitution was translated into English for international use
The first Iraqi constitution came into force in 1925
The Republic of Iraq's legal system is in a period of transition following the U.S.-led invasion in 2003, which led to the fall of the Ba'ath Party. Iraq has a written constitution, as well as civil, criminal and personal status law. The current constitution stipulates the format of the new republican government, and the rights and responsibilities of the Iraqi people.
The first constitution was ratified in 1925, but the country has had several interim constitutions since then. In 1963, a military coup composed of moderate Arab nationalists took control. This government only lasted until 1968, when the Ba'ath Arab Socialist Party took power in another coup, instating Hasan al-Bakr as the new President of Iraq. The governing Revolutionary Command Council passed two interim constitutions in 1968 and 1970, but these did little to establish any democratic checks on the rule of the Party. In 1979, al-Bakr resigned his position in favour of Saddam Hussein al Tikriti, who by that point was already wielding most of the political power. Following the Iran-Iraq War in 1989, Saddam allowed elections for a new national legislature and proposed the creation of a new constitution.
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The current Iraqi constitution was adopted on 18 September 2005
The constitution followed a period of transition in the Republic of Iraq's legal system, after the U.S.-led invasion in 2003 that led to the fall of the Ba'ath Party. The constitution stipulates the format of the new republican government, as well as the rights and responsibilities of the Iraqi people.
Iraq's first constitution came into force in 1925. Two interim constitutions were passed in 1968 and 1970 by the governing Revolutionary Command Council, but these did little to establish any democratic checks on the rule of the Ba'ath Arab Socialist Party, which took power in 1968. In 1979, Hasan al-Bakr resigned his position in favour of Saddam Hussein al Tikriti, who had been wielding most of the political power. Following the Iran-Iraq War in 1989, Saddam allowed elections for a new national legislature and proposed the creation of a new constitution.
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The current Iraqi constitution was confirmed by a referendum on 15 October 2005
The referendum followed the U.S.-led invasion in 2003 that led to the fall of the Ba'ath Party. The constitution stipulates the format of the new republican government, and the rights and responsibilities of the Iraqi people. It is the fundamental law of Iraq.
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The Iraqi constitution was published on 28 December 2005
The 2005 constitution was the first since the U.S.-led invasion in 2003 that led to the fall of the Ba'ath Party. The country's legal system is still in a period of transition following this event. The current constitution is not the first Iraq has had, however. The first Iraqi constitution came into force in 1925. Two interim constitutions were also passed in 1968 and 1970 by the governing Revolutionary Command Council.
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The Iraqi constitution was translated into English for international use
The Iraqi constitution has a long history, with the first constitution coming into force in 1925. In 1963, a military coup led by moderate Arab nationalists took control of the government, but this only lasted until 1968 when the Ba'ath Arab Socialist Party took power in another coup, instating Hasan al-Bakr as the new President of Iraq. Two interim constitutions were passed by the governing Revolutionary Command Council in 1968 and 1970, but these did little to establish democratic checks on the rule of the Party. In 1979, al-Bakr resigned and Saddam Hussein al Tikriti became President. Following the Iran-Iraq War in 1989, Saddam allowed elections for a new national legislature and proposed the creation of a new constitution.
The current Iraqi constitution was approved in the 2005 referendum, which stipulated the format of the new republican government and the rights and responsibilities of the Iraqi people. The English translation of the constitution was produced to ensure that it could be understood and used by an international audience. This was particularly important given the US-led invasion of Iraq in 2003 and the subsequent transition period for the country's legal system.
The Iraqi Legal Database, launched in 2008, provides a comprehensive database of Iraqi positive law, but it is only available in Arabic. The official English translation of the Iraqi constitution ensures that the key legal document of the country is accessible to non-Arabic speakers.
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Frequently asked questions
The current Iraqi constitution was ratified on 18 September 2005 by the Transitional National Assembly of Iraq. It was then confirmed by a constitutional referendum on 15 October 2005.
The referendum resulted in a Yes vote, which was backed by the Sunni-majority Iraqi Islamic Party.
Yes, an official English translation of the constitution was produced in cooperation between Iraqi state authorities and the United Nations' Office for Constitutional Support.
