Iraq


Interim Constitution

Draft Constitution by Opposition Groups 

 


Iraq - Interim Constitution

 

 Adopted in: 1990 

Chapter I The Republic of Iraq

Article 1 [State Form]
Iraq is a Sovereign People's Democratic Republic. Its basic objective is therealization of one Arab State and the build-up of the socialist system.

Article 2 [Authority]
The people are the source of authority and its legitimacy.

Article 3 [Sovereignty, Territory]

(a) The sovereignty of Iraq is an indivisible entity.
(b) The territory of Iraq is an indivisible entity of which no part can be ceded.

Article 4 [State Religion]
Islam is the religion of the State.

Article 5 [Nationalities]

(a) Iraq is a part of the Arab Nation.
(b) The Iraqi People are composed of two principal nationalisms: the ArabNationalism and the Kurdish Nationalism.
(c) This Constitution acknowledges the national rights of the Kurdish People andthe legitimate rights of all minorities within the Iraqi unity.

Article 6 [Iraqi Nationality]
The Iraqi nationality is regulated by the law.

Article 7 [Languages]

(a) Arabic is the official language.
(b) The Kurdish language is official, besides Arabic, in the Kurdish Region.

Article 8 [Capital, Decentralization]

(a) Baghdad is the Capital of the Iraqi Republic, and it can be transferred bylaw.
(b) The Iraqi Republic is divided into administrative units and is organized onthe basis of decentralization.

Article 9 [Flag, Emblem]
The Flag of the Iraqi Republic, its Emblem, and stipulations concerning the two,are regulated by law.

Chapter II Social and Economic Foundations of the IraqiRepublic

Article 10 [Social Solidarity]
The social solidarity is the first foundation for the Society. Its essence isthat every citizen accomplishes his duty in full, and that the Societyguarantees the citizen's rights and liberties in full.

Article 11 [Family, Mothers, Children]
The family is the nucleus of the Society. The State secures its protection andsupport, and ensures maternal and child care.

Article 12 [Economy, Arab Unity]
The State assumes the responsibility for planning, directing and steering thenational economy for the purpose of:
(a) Establishing the socialist system on scientific and
revolutionary foundations.
(b) Realizing the economic Arab unity.

Article 13 [Public Property and Planning]
National resources and basic means of production are owned by the People. Theyare directly invested by the Central Authority in the Iraqi Republic, accordingto exigencies of the general planning of the national economy.

Article 14 [Cooperation]
The State secures, encourages, and supports all types of cooperation inproduction, distribution, and consumption.

Article 15 [Public Property]
Public ownership and properties of the Public Sector are inviolable. The Stateand all People are responsible for safeguarding, securing, and protecting it.Any sabotage to it or aggression against it, is considered as sabotage andaggression against the entity of the Society.

Article 16 [Ownership, Private Property]

(a) Ownership is a social function, to be exercised within the objectives of theSociety and the plans of the State, according to stipulations of the law.
(b) Private ownership and economic individual liberty are guaranteed accordingto the law, and on the basis of not exercising them in a manner incompatiblewith the economic and general planning.
(c) Private property is not expropriated except for considerations of publicinterest and for just compensation in accordance with the law.
(d) The maximum limit of agricultural property is prescribed by the law; thesurplus is owned by the People.

Article 17 [Inheritance]
Inheritance is a guaranteed right, regulated by the law.

Article 18 [Foreigners' Property]
Immobile ownership is prohibited for non-Iraqi, except otherwise mentioned by alaw.

Chapter III Fundamental Rights and Duties

Article 19 [Equality]

(a) Citizens are equal before the lawwithout discrimination because of sex, blood, language, social origin, orreligion.
(b) Equal opportunities are guaranteed to all citizens, according to the law.

Article 20 [Criminal Trial]

(a) An accused is presumed to be innocent, until proved guilty at a legal trial.
(b) The right of defense is sacred, in all stages of proceedings and prosecution.
(c) Courts sessions are public, unless it becomes secret by a court's decision.

Article 21 [Penalty, Punishment]

(a) Penalty is personal.
(b) There can be no crime, nor punishment, except in conformity with the law. Nopenalty shall be imposed, except for acts punishable by the law, while they arecommitted. A severer penalty than that prescribed by the law, when the act wascommitted, cannot be inflicted.

Article 22 [Dignity, Personal Integrity, Arrest, Home]

(a) The dignity of man is safeguarded. It is inadmissible to cause any physicalor psychological harm.
(b) It is inadmissible to arrest a person, to stop him, to imprison him or tosearch him, except in accordance with the rules of the law.
(c) Homes have their sanctity. It is inadmissible to enter or search them,except in accordance with the rules of the law.

Article 23 [Communication]
The secrecy of means of communications by mail, telegrams, and telephones isguaranteed. It is inadmissible to disclose it, except for considerations ofjustice and security, in accordance with the rules prescribed by the law.

Article 24 [Right to Move]
It is inadmissible to prevent the citizen from the departure from the Country orreturning to it, nor to restrict his moves or resi-
dence in the Country, except in cases laid down by the law.

Article 25 [Religion]
Freedom of religion, faith, and the exercise of religious rites, is guaranteed,in accordance with the rules of constitution and laws and in compliance withmorals and public order.

Article 26 [Expression, Association]
The Constitution guarantees freedom of opinion, publication meeting,demonstrations and formation of political parties, syndicates, and societies inaccordance with the objectives of the Constitution and within the limits of thelaw. The State ensures the considerations necessary to exercise these liberties,which comply with the revolutionary, national, and progressive trend.

Article 27 [Education]

(a) The State undertakes the struggle against illiteracy and guarantees theright of education, free of charge, in its primary, secondary, and universitystages, for all citizens.
(b) The State strives to make the primary education compulsory, to expandvocational and technical education in cities and rural areas, and to encourageparticularly night education which enables the popular masses to combine scienceand work.
(c) The State guarantees the freedom of scientific research, encourages andrewards excellence and initiative in all mental, scientific, and artisticactivities and all aspects of popular excellence.

Article 28 [Educational Goals]
Education has the objective of raising and developing the general educationallevel, promoting scientific thinking, animating the research spirit, respondingto exigencies of economic and social evolution and development programs,creating a national, liberal and progressive generation, strong physically andmorally, proud of his people, his homeland and heritage, aware of all hisnational rights, and who struggles against the capitalistic ideology,exploitation, reaction, zionism, and imperialism for the purpose of realizingthe Arab unity, liberty, and socialism.

Article 29 [Progress]
The State undertakes to make available, the means of enjoying the achievementsof modernization, by the popular masses and to generalize the progressiveaccomplishments of contemporary civilization on all citizens.

Article 30 [Public Office]

(a) Public office is a sacred confidence and a social service; its essence isthe honest and conscious obligation to the interests of the masses, their rightsand liberties, in accordance with the rules of the constitution and the laws.
(b) Equality in the appointment for public offices is guaranteed by the law.

Article 31 [Armed Forces]

(a) The defense of the homeland is a sacred duty and honor for the citizens;conscription is compulsory and regulated by the law.
(b) Armed Forces belong to the People and are entrusted with ensuring hissecurity, defending his independence, protecting the safety and the integrity ofthe people and territory, and realizing his national and regional objectives andaspirations.
(c) The State alone establishes the Armed Forces. No other organization or group,is entitled to establish military or para-military formations.

Article 32 [Right, Honor, and Duty to Work]

(a) Work is a right, which is ensured to be available for every able citizen.
(b) Work is an honor and a sacred duty for every able citizen, and isindispensable by the necessity to participate in building the society,protecting it, and realizing its evolution and prosperity.
(c) The State undertakes to improve the conditions of work, and raise thestandard of living, experience, and culture for all working citizens.
(d) The State undertakes to provide the largest scale of social securities forall citizens, in cases of sickness, disability, unemployment, or aging.
(e) The State undertakes to elaborate the plan to secure the means necessary, toenable the working citizens to pass their vacations in an atmosphere, whichenables them to improve their health standard, and to promote their cultural andartistic talents.

Article 33 [Health]
The State assumes the responsibility to safeguard the public health bycontinually expanding free medical services, in protection, treatment, andmedicine, within the scope of cities and rural areas.

Article 34 [Right to Asylum]

(a) The Iraqi Republic grants the right of political asylum for all militants,persecuted in their countries because of defending the liberal and humanprinciples which are assumed by the Iraqi People in this Constitution.
(b) The extradition of political refugees is prohibited.

Article 35 [Taxes]
Payment of taxes is the duty of every citizen. Taxes cannot be imposed, normodified, nor levied, except by a law.

Article 36 [Prohibited Activity]
It is prohibited to exercise any activity against the objectives of the People,stipulated in this Constitution. Every act or behavior, having for purpose tocrumble the national unity of the popular masses or to provoke racial, sectarian,or regional discrimination among them, or to be hostile to their gains andprogressive achievements.

Chapter IV Institutions of the Iraqi Republic

Section I The Revolutionary Command Council

Article 37 [Supreme Institution]
The Revolutionary Command Council is the supreme institution in the State, whichon 17 July 1968, assumed the responsibility to realize the public will of thepeople, by removing the authority from the reactionary, individual, andcorruptive regime, and returning it to the people.

Article 38 [Competencies]
The Revolutionary Command Council exercises the following competencies by atwo-third majority of its members:
(a) Electing a President from its members, called President of the RevolutionaryCouncil, who is President of the Republic.
(b) Electing a Vice-President from its members, called Vice-President of theRevolutionary Command Council, who replaces the President, as qualified in thepreceding paragraph, in case of his official absence or in case of theimpossibility of exercising his constitutional competencies or any legitimatereason.
(c) Selecting new members for the Council, from members of the RegionalLeadership of the Socialist Arab Ba'ath Party, not to exceed twelve members.
(d) Taking a decision concerning the resignation of the President, andVice-President or any of the Council's members.
(e) Relieving any member of the Council's membership.
(f) Accusing and prosecuting members of the Revolutionary Command Council,Vice-Presidents, and Ministers.

Article 39 [Oath]
The President of the Revolutionary Command Council, the Vice-President and themembers take the following oath before the Council:
"I swear by God Almighty, by my honor and by my faith to preserve theRepublican system, to commit myself to its Constitution and laws, to look afterthe independence of the Country, its security and territorial integrity and todo my best earnestly and sincerely to realize the objectives of the Arab Nationfor Unity, Freedom and Socialism."

Article 40 [Immunity]
The President of the Revolutionary Command Council, the Vice-President, and themembers enjoy full immunity. No measures can be taken against any of themwithout a priori permission of the Council.

Article 41

(a) The President, the Vice-President, or one third of the members can call ameeting of the Revolutionary Command Council. Meetings held are presided by thePresident or the Vice-President and are attended by the majority of the members.
(b) Meetings and debates of the Revolutionary Command Council are closed.Disclosing it, invokes constitutional responsibility before the Council.Decisions of the Council are declared, published and communicated by the meansspecified in this Constitution.
(c) Laws and decisions are ratified in the Council by the majority of itsmembers, except otherwise stipulated by the Constitution.

Article 42 [General Competencies]
The Revolutionary Command Council exercises the following competencies:
(a) Issuing laws and decrees having the force of the law.
(b) Issuing decisions indispensable for applying the rules of the enacted laws.

Article 43 [Majority Competencies]
The Revolutionary Command Council excises the following competencies by themajority its members:
(a) Ratifying matters of the Ministry of Defense and Public Security,elaborating the laws and taking the decisions in whatever concerns them from thepoint of view of organization and competencies.
(b) Declaring the public mobilization totally or partially, declaring the war,accepting the truce, and concluding the peace.
(c) Ratifying the draft general budget of the state, independent and investmentbudgets annexed to it, and ratifying final accounts.
(d) Ratifying treaties and international agreements.
(e) Elaborating its internal rules of procedure, determining its competencies,ratifying its budget, appointing its officials, determining rewards andremunerations of the President, the Vice-President, its members and officials.
(f) Elaborating the rules regarding the prosecution of its members, concerningthe formation of the court and the procedures to be followed in it.
(g) Vesting its President or the Vice-President with some of his competenciesprescribed in this Constitution, except legislative competencies.

Article 44 [Presidential Competencies]
The President of the Revolutionary Command Council undertakes:
(a) Presiding over the meetings of the Council, representing it, controlling itssessions, and issuing orders for expenditure.
(b) Signing all laws and decisions issued by the Council and publishing them inthe Official Gazette.
(c) Supervising the activities of Ministries and organizations in the State,calling Ministers to discuss matters concerning their Ministries and questioningthem in case of necessity, and notify-
ing the Revolutionary Command Council regarding that.

Article 45 [Responsibility]
The President of the Revolutionary Command Council, the Vice-President, and itsmembers, each is responsible before the Council, for violating the Constitutionor for breaking the constituencies of the constitutional oath, or for any actionor behavior, considered by the Council as disgracing the honor of theresponsibility which he assumes.

Section II The National Council

Article 46 [Composition]
The National Council is composed of the People's representatives from variouspolitical, economic, and social sectors. Its formation, membership, workprocedures, and its jurisdiction are determined by a special law, called theNational Council Law.

Article 47 [Sessions]
The National Council must be held in two ordinary sessions every year. ThePresident can call it for an extraordinary meeting in case of necessity, and themeeting is restricted to matters which necessitated calling the meeting.Sessions of the National Council are held and dismissed by a decision of theRevolutionary Command Council.

Article 48 [Publicity]
The meetings of the Council are public, unless it is decided that some are to beheld closed according to rules specified in its law.

Article 49 [Indemnity]

(a) Members of the National Council are not censured for opinions or suggestionsexpressed by them in the performance of their task.
(b) No member of the Council can be pursed or arrested for a crime committedduring a meeting session without permission of the Council, except in the caseof flagrante delicto.

Article 50 [Organization]
The National Council undertakes:
(a) Elaborating its internal statute, determining its competencies, deciding itsbudget, and appointing its employees. Rewards and remunerations of its Presidentand members are determined by a law.
(b) Elaborating rules for accusing and prosecuting its members, in case ofcommitting one of the actions stipulated in Article 55 of this Constitution.

Article 51 [Command Council Bills]

(1) The National Council considers the draft laws proposed by the RevolutionaryCommand Council within fifteen days from the date of their delivery to theoffice of the Presidency of the National Council. If the Council approves thedraft, it is sent to the President of the Republic, to be promulgated; but if itis rejected or modified by the National Council, it is returned to theRevolutionary Command Council. If this latter approves the modification, itsends the draft to the President of the Republic, to be promulgated.
(2) If the Revolutionary Command Council insists upon its point of view, in thesecond reading, it is returned to the National Council, to be reviewed in acommon meeting between the two Councils; the decision taken by a two-thirdsmajority, is con-
sidered final.

Article 52 [Presidential Bills]
The National Council considers within fifteen days the draft laws presented toit by the President of the Republic.
(1) If the Council rejects the draft, it is returned to the President of theRepublic with the reasons which justified the rejection.
(2) If the Council approves the draft, it is sent to the Revolutionary CommandCouncil and becomes issuable after that Council approves it.
(3) If the National Council modifies the draft, it is sent to the RevolutionaryCommand Council and becomes issuable if that Council approves it.
(4) But if the Revolutionary Command Council opposes to modifying the draft, orif it makes another modification, it is once again returned to the NationalCouncil within a week.
(5) If the National Council approves the point of view of the evolutionaryCommand Council, it sends the draft to the President of the Republic forpromulgating it.
(6) But if the National Council insists, in the second reading, upon its pointof view, a common meeting of the two Councils is held and the draft issued bytwo-thirds majority is considered definite and is sent to the President of theRepublic to be promulgated.

Article 53 [National Council Bills]
The National Council considers the draft law presented by a quarter of itsmembers, in other than military, financial matters, and public security affairs.
(1) If the Council approves the draft law, it is sent to the RevolutionaryCommand Council to be considered within fifteen days from its delivery to theCouncil's Office.
(2) If the Revolutionary Command Council approves it, the
draft is sent to the President of the Republic to be promulgated.
(3) If the Revolutionary Command Council rejects the draft, it is returned tothe National Council.
(4) If the Revolutionary Command Council modifies the draft, it is returned tothe National Council.
(5) If this latter insists upon its point of view, in the second reading, acommon meeting for the two Councils is held, presided over by the President ofthe Revolutionary Command Council or the Vice-President. The draft issued bytwo-thirds majority is considered definite and is sent to the President of theRepublic to be promulgated.

Article 54 [Debate]

(a) Vice-Presidents of the Republic, Ministers, and those at their rank, havethe right to attend the meetings of the National Council and to participate inits debates.
(b) The National Council, with a permission of the President of the Republic,has the right to call Ministers for the purpose of clarification orinvestigation.

Article 55 [Responsibility]
The President of the National Council and every member of it, is responsiblebefore the Council for violating the Constitution or for breaking theconstituencies of the constitutional oath or for any action or behavior,considered by the National Council as disgracing the honor of the responsibilitywhich he assumes.

Section III President of the Republic

Article 56 [Head of State, Supreme Command]

(a) The President of the Republic is the Head of the State and the SupremeCommander of the Armed Forces, and he exercises the Executive Authority directlyor by the assistance of his Deputies and Ministers, according to the rules ofthe Constitution.
(b) The President of the Republic issues the decrees necessary for exercisinghis competencies stipulated in this Constitution.

Article 57 [Competencies]
The President of the Republic exercises the following competencies:
(a) Preserving the independence of the Country, its territorial integrity,safeguarding its internal and external security, and protecting the rights andliberties of all citizens.
(b) Declaring the state of total and partial emergency and ending it accordingto the law.
(c) Appointing the Vice-Presidents of the Republic and relieving them of theirposts.
(d) Appointing the governors, the judges, and all civil and military Stateemployees, promoting them, terminating their services, placing them ondisponibility, and granting badges of honor and military grades, according tothe law.
(e) Elaborating the draft general State budget, the independent and investmentbudgets annexed to it, and ratifying the final accounts of these budgets andreferring them to the National Council to discuss them.
(f) Preparing the general plan of the State in all economic and social affairs,elaborated by competent Ministries and referring it to the National Council.
(g) Contracting and granting loans, supervising the organization andadministration of money and credit.
(h) Supervising all the public utilities, official and quasi-officialorganizations and public sector organizations.
(i) Directing and controlling the work of Ministries and public organizationsand coordinating them.
(j) Conducting negotiations and concluding agreements and
international treaties.
(k) Accepting the diplomatic and international representatives in Iraq anddemanding their withdrawal.
(l) Appointing and accrediting the Iraqi diplomatic representatives in Arab andforeign Capitals and in international conferences and organizations.
(m) Issuing special amnesty and ratifying judgements of capital punishment.
(n) Supervising the good enforcement of the Constitution, the laws, decisions,judicial judgements, and developmental plans in all parts of the Iraqi Republic.
(o) Conferring some of his constitutional competencies to one or more of hisdeputies.

Article 58 [Control]
Vice-Presidents of the Republic and Ministers are responsible for theirfunctions before the President of the Republic. He has the right to bring any ofthem to trial according to the rules of Constitution, for functional errorscommitted by him, for exploiting the authority, or for misusing it.

Article 59 [Oath]
Vice-President of the Republic and Ministers take the following oath before thePresident of the Republic, before assuming the responsibilities of theirfunctions:
"I swear by God Almighty, by my honor and by my faith to preserve theRepublican system, to commit myself to its Constitution and laws, to look afterthe independence of the Country, its security and territorial integrity, and todo my best earnestly and sincerely to realize the objectives of thePeople."

Section IV The Judiciary

Article 60 [Independence, Recourse]

(a) The judiciary is independent and is subject to no other authority save thatof the law.
(b) The right of litigation is ensured to all citizens.
(c) The law determines the way of court formation, their levels, jurisdiction,and conditions for the appointment, transfer, promotion, litigation, anddismissal of judges and magistrates.

Article 61 [Prosecution]
The law determines the posts of public prosecution, its agencies and conditionsfor the appointment of the attorneys general, their deputies, rules of theirtransfer, promotion, litigation, and dismissal.

Chapter V General Provisions

Article 62 [Recolutionary Command Council Office]

(a) To be member of the Revolutionary Command Council or Vice-President of theRepublic or Minister, a person must be Iraqi by birth, born of two Iraqi parents,by birth also.
(b) It is inadmissible for Members of the Revolutionary Command Council andVice-Presidents of the Republic and Ministers, during their term of office, topursue any private professional or commercial work or to buy any State propertyor to sell or exchange with the State any of their own properties.

Article 63 [Permanent Constitution]

(a) The rules of this Constitution are enforced till the Permanent Constitutionis promulgated.
(b) This Constitution cannot be modified except by the Revolutionary CommandCouncil and by a two-thirds majority
of its members.

Article 64 [Publication of Laws]

(a) Laws are published in the Official Gazette and are put into force, effectivethe date of publication, unless otherwise stipulated.
(b) Laws have no retroactive effect, unless otherwise stipulated. This exceptiondoes not include penal laws, tax laws, and fiscal fees.

Article 65 [In the Name of The People]
This Interim Constitution and all laws and judiciary judgements are promulgatedand put into force, in the name of the People.

Article 66 [Continuity of Laws]
All laws and decisions of the Revolutionary Command Council, enacted prior tothe promulgation of this Constitution, remain in force and cannot be modified orabolished except in accordance with the procedures prescribed in thisConstitution.

Article 67 [Promulgation, Publication]
The President of the Revolutionary Command Council undertakes promulgating thisConstitution and publishing it in the Official Gazette.

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Draft Constitution for New    IRAQ

Published 02/17/1999
Copyright © 1998 dijlafurat@yahoo.com, All rights reserved.
Revised: 04/ 03/ 2009 .

Chapter I
The Republic of Iraq
Definition

Article 1
The Republic of Iraq Form

  1. The Republic of Iraq is a parliamentary, sovereign and democratic republic. All entities of the Republic of Iraq must yield to these principles.
  2. This Constitution is the supreme law of the Republic of Iraq; it is directly binding on all Republic of Iraq authority. The general rules of public international law constitute an integral, inviolable part of the national law.

Article 2
The Republic of Iraq Citizens and Language

  1. Citizens of the Republic of Iraq are all humans who are children of a citizen of the Republic of Iraq, who are born in the Territory of the Republic of Iraq, or who are naturalized.
  2. The official language in the Republic of Iraq is the Arabic Language. The Kurdish language or any other language shall be the official language besides the Arabic language in a region where ever decided by the people of the region.

Article 3
The Republic of Iraq Symbols, Motto & Capital

  1. The Republic of Iraq has the National Colors, Flag, Seal, and the National Anthem.
  2. The Republic of Iraq Motto is "Liberty, Equality, Justice and Solidarity."
  3. The capital of the Republic of Iraq is Baghdad.

Chapter II
The Republic of Iraq Objectives

Article 4
General Constitutional Objectives

  1. The Republic of Iraq promotes justice and universal protection of human rights as individual rights. The Republic of Iraq encourages fraternity among its citizens by establishing solidarity, general welfare, and national unity.
  2. The Republic of Iraq acknowledges the right of the People to national autonomy and self-determination, and the right of minorities to group autonomy.
  3. The Republic of Iraq promotes:
    (a) public health care;
    (b) education and schooling;
    (c) schemes for social welfare;
    (d) preservation and development of culture;
    (e) preservation and maintenance of historical and religious objects;
    (f) environmental protection, intergenerational equity, and the protection of nature for its intrinsic value including the protection of nature's right;
    (g) Natural and social sciences.

Article 5
Republic of Iraq Security

  1. The Republic of Iraq promotes worldwide peace. Acts undertaken to prepare war or to otherwise disturb the peaceful relations between nations are unconstitutional.
  2. The Republic of Iraq takes adequate measures to preserve its integrity even in the state of war or civil war.
  3. The Republic of Iraq protects the People against terrorism, extremism, and catastrophes.

Chapter III
The Republic of Iraq Organization

Part 1
General Organization

Article 6
Elections

  1. Absent of special provisions, elections are universal, direct, free, equal, and secret.
  2. Elections are always free and equal.
  3. Elections are always secret if a person eligible to vote or be elected so demands.
  4. Elected representatives are only bound by their conscience. They are servants of all, not only of their constituents.

Article 7
Organizational Principles

  1. The Republic of Iraq separates executive, legislative, and adjudicative powers. Offices in different powers are incompatible with each other. Offices in national entities are incompatible with any public office on a lower level and with any other salaried office, private or public. Political offices are incompatible with active duty in the armed forces.
  2. The Republic of Iraq acknowledges national, regional, and local autonomy.
  3. Autonomy is bound to the principle of democratic organization.

Article 8
Decentralization, Mutual Assistance

  1. Republic of Iraq powers belong to the Regions if not assigned to the national entities by this Constitution.
  2. The Regions are bound to convey powers to the Communes if adequate use of those powers is possible on the local level.
  3. All powers of the Republic of Iraq have to render each other legal and administrative assistance.

Article 9
Regional Council

  1. The regions are represented in the Regional Council.
  2. The Regional Council consists of 200 members. Each region is represented in proportion to its share of citizens eligible to vote; at least by two members.
  3. Members of the Regional Council serve for a term of four years; they may be re-elected once.

Article 10
National Powers

  1. The Republic of Iraq powers belong to the national entities for the following subject matters:
  2. a) Republic of Iraq defense,
    b) foreign relations,
    c)economic regulations,
    d) infrastructure and traffic,
    e) taxation,
    f) solidarity systems,
    g) private, criminal, and procedural law,
    h) educational and other standards,
    i) And all other subject matters which by their very nature or as a corollary to the subjects listed have to be centralized on the national level.

  3. The Republic of Iraq may give up sovereign powers to international or supranational bodies, including systems of mutual collective security and trade organizations, as long as it retains an adequate representation in those bodies and those bodies guarantee sufficient legal protection for the Citizens.

    Part II
    Representation of the Republic of Iraq

    Article 11
    Head of the Republic of Iraq

  1. The President is the head of the Republic of Iraq. He or she has the right of pardon, to conduct foreign affairs, and to all other representative functions of the Republic of Iraq.
  2. The President and Vice-President are elected by the National Parliament with precedence over all other business. Their office ends after four non renewable year term or impeachment.
  3. Every resident citizen with the right to vote who has attained the age of thirty-five is eligible for the office of President or Vice-President.
  4. Before taking office, President and Vice-Presidents take the following Oath or Affirmation: "I do solemnly swear that I will faithfully execute this office, honoring and protecting the Constitution of the Republic of Iraq."
  5. The President shall not be held accountable for actions performed in the exercise of his office except in the case of high treason, may be indicted only by the National Parliament, and shall be tried only by the Supreme Court.

    Part III
    Executive Power

    Article 12
    National Government, President

  1. The executive power of the Republic of Iraq is vested in the national Government. It includes diplomatic affairs.
  2. The President is the head of the National Government. The President chooses the National Ministers. The National Parliament approves the National Ministers by majority of the votes.
  3. The President is Commander in Chief of the Armed Forces.

    Article 13
    Impeachment

    An impeachment of the President by the National Parliament takes the form of a new presidential election.

    Article 14
    Regional Equalization of Finances

    The Republic of Iraq provides for an overall equalization of finances, giving due consideration to the regions' respective debts, burdens, economic power, and infrastructural responsibilities.

    Part IV
    Legislative Power

    Article 15
    National Parliament

  1. The legislative power is vested in the National Parliament.
  2. The National Parliament consists of 400 members. Members of the National Parliament are residents publicly elected by the People. Each region elects among its residents in proportion to its share of citizens eligible to vote. Their office ends after a four-year term or when they lose their electoral rights.
  3. Everyone eligible to vote has recourse to the Supreme Court for scrutiny of the elections.
  4. The national parliament draws up its own rules of procedures and elects a parliamentary president and parliamentary vice-presidents.
  5. Decisions of the National Parliament require a majority of the votes cast (simple majority) unless this Constitution provides otherwise.

    Article 16
    Rights of Members of Parliament

  1. Members of Parliament are only bound by their conscience.
  2. Members of Parliament may not be subjected to court proceedings or disciplinary action for a vote cast or a statement made by them in the National Parliament or in any of its committees.
  3. Members of Parliament may not be called to account or be arrested except by permission of the National Parliament.
  4. Members of Parliament are entitled to adequate remuneration ensuring their independence. The remuneration may not be altered for the present term.

    Article 17
    Lawmaking Process

  1. Bills can be introduced only by the Members of Parliament or by one percent or more of the citizens (Public initiative). Bills can specify the additional requirement of a public referendum after they have been voted upon.
  2. The Regional Council has to be informed immediately of any bill introduced. Members of the Regional Council have the right to be heard during sessions according to the same rules as govern the participation of Members of Parliament.
  3. Articles ( ), ( ) and ( ) of this constitution shall not be deleted or altered.
  4. Articles ( ), ( ) and ( ) of this constitution may be deleted or altered subject to referandum.
  5. Laws altering this Constitution require two thirds of the absolute votes of the Members of Parliament. All laws are void if they are unconstitutional.
  6. Laws have to specify their effective date. They are countersigned without scrutiny by the Parliamentary President and promulgated in the Official National Publication.
  7. Bills can be submitted to a referendum if provided by parliamentary decision or as part of the initiative.

    Article 18
    Budget

  1. The bill for the yearly budget law is introduced by the President.
  2. Budget laws are not subjected to referendums.

    Article 19
    Treaties

  1. The President signs treaties with other states.
  2. The legislative power of the National Parliament includes the power to ratify treaties with other states.
  3. Treaties not ratified within six months have to be revoked by the President.

    Article 20
    National Ordinances

  1. Laws may empower National Ministers to adopt National Ordinances regarding a specified subject matter.
  2. National Ordinances do not require ratification by Parliament.

    Article 21
    State of Emergency

  1. In cases of grave and immediate threat to the existence of the Republic of Iraq, the President may take necessary measures of defense.
  2. All emergency measures must be confirmed or revoked by the Parliament at the earliest time possible but not later than 90 days after these measures are taken. The President is bound by the Parliaments' decisions.

    Article 22
    Ombudsman

    The parliamentary Ombudsman safeguards fundamental rights and liberties and controls the compliance of all Republic of Iraq powers with the provisions of this Constitution.

    Part V
    Adjudicative Power

    Article 23
    Independent Courts

  1. The adjudicative power is vested in independent courts.
  2. Judges are citizens elected by the parliament. They are independent. Their office ends at time of retirement or when they lose their electoral rights.

    Article 24
    Supreme Court

  1. The Supreme Court decides issues involving this Constitution. In particular, the Supreme Court has jurisdiction over:

    a)disputes between Republic of Iraq entities concerning their respective rights and duties under this Constitution;
    b)challenges of a national or regional entity, a Court in the course of its determination, or a third of the Members of Parliament against the constitutionality of a law;
    c)claims of individuals regarding violations of their constitutional rights;
    d)popular complaints about the violation of fundamental rights;
    e)challenges of an act of a Republic of Iraq power by the Ombudsman;
    f)cases on appeal from National Courts as the Supreme Court deems necessary to review;
    g)All other cases assigned to its jurisdiction by law.

  2. Decisions of the supreme court are directly binding for all entities of the Republic of Iraq.
  3. The office of Supreme Court Justices does not exceed a period of 15 years.

    Article 25
    National Courts

  1. National courts have supreme jurisdiction over review and other matters assigned to it by law.
  2. Separate national courts shall be established for private law, penal law, and general public law.
  3. The supreme court decides by extraordinary review in cases of inconsistent application of the law by different national courts.

    Chapter IV
    Fundamental Rights

    Part I
    General Provisions

    Article 26
    Human Rights

  1. The Republic of Iraq acknowledges liberty and equality of all humans.
  2. Human dignity must be respected in any case.
  3. Everyone is free to do or not to do whatever he or she chooses. Everyone is responsible for acts freely chosen.
  4. The Republic of Iraq ensures that the quality of an Iraqi shall never be held in doubt because of faith, belief or presumed loyalty.
  5. People have rights for no other reason than that they exist as individual human beings. These rights are not a gift from others.
  6. Slavery is abolished.

    Article 27
    Applicability

  1. Fundamental rights apply to natural persons, domestic and foreign, who are assigned these rights. They apply to legal persons, domestic and foreign, where, and to the extent that, the nature of the rights permits.
  2. Fundamental rights are inviolable and inalienable. They include the freedom not to make use of them. Their exercise may, in single instances, be waved by free and responsible declaration of the rightholder, but such declaration is never binding for future instances.

    Part II
    Liberties and Property

    Section I
    Integrity

    Article 28
    Personal Integrity

  1. Everyone has the right to life and bodily integrity.
  2. Everyone has the right to remain free.
  3. All citizens are free to reside anywhere in, move throughout, enter, and leave the Territory.
  4. Capital and corporal punishment are abolished.
  5. Torture is prohibited.

    Article 29
    Property Integrity and Related Rights

  1. Everyone has the right to acquire, own, possess, exclusively use, and convey private property.
  2. Property may not be taken without due compensation.

    Article 30
    Right to Testify and Inherit

    Everyone has the right to testify and inherit.

    Section II
    Religious Freedom

    Article 31
    Freedom of Religion and Belief

  1. Everyone has the right to choose and practice his or her religion, creed, conscience, faith, confession, and belief.
  2. Everyone can refuse to give religious instructions.

    Section III
    Freedom of Communication

    Article 32
    Freedom of Expression and Information

  1. Everyone has the right to freely express and disseminate his or her opinions.
  2. The Freedom of the press and other media is guaranteed.
  3. Everyone has the right to freely retrieve information from publicly available sources.
  4. Censorship is abolished.

    Article 33
    Right to Assemble and Associate

  1. Everyone has the right to peacefully assemble.
  2. Everyone has the right to associate with others. This includes association in political parties.
  3. Every adult has the right to marry one partner.

      Article 34
      Right to Privacy

  1. Everyone has the right to privacy.
  2. The home is inviolable.
  3. The privacy of letters as well as the secrecy of mail and telecommunication is inviolable.

    Section IV

    Freedom of Profession and Activities

    Article 35
    Freedom of Profession

  1. All citizens have the right to freely choose their occupation, their place of work, and their place of study or training.
  2. There is no duty to work. Forced labor is prohibited.

    Article 36
    Freedom of Research, Science, and Teaching

  1. Everyone has the right to research and conduct science.
  2. Everyone has the right to perform arts.
  3. Everyone has the right to teach and to found private schools.

    Section V

    Political Rights

    Article 37
    Electoral Rights

  1. All resident adults have the equal right to vote and to be elected. In national elections, only citizens have this right.
  2. There is no compulsory voting.
  3. Anyone who has attained the age of eighteen years is an adult.

    Article 38
    Right to Petition

    Everyone has the right to address written petitions to the competent agencies, to governments, and to parliaments.

    Article 39
    Freedom of Citizenship

  1. Citizens can at any time give up their citizenship.
  2. Citizens may at no time be forced to give up their citizenship.

    Article 40
    Right to Self-Determination and Resistance

  1. Everyone has the right to collective self-determination including the right to decide about membership in regional or local entities. The Republic of Iraq guarantees these rights through adequate powers of decentralized regional and local governments.
  2. All citizens have the right to civil disobedience and resistance against attempts to abolish this constitutional order, should no other remedy be available.

    Article 41
    Right to Found Political Parties

  1. Everyone has the right to found political parties respecting the principles of the Constitution, sovereignty, and democracy.
  2. Everyone is free to carry on political activities in or with such parties.

    Section VI
    Other Liberties

    Article 42
    Freedom of Procreation and Childbearing

  1. Everyone has the right to procreation.
  2. Parents have the right to bringing up and educating their children. They have the right to decide about their children's participation in religious instructions.

    Part III
    Equality

    Article 43
    Equality

  1. All humans are equal before the law.
  2. Matrimonial equality and legitimacy equality are guaranteed.
  3. All citizens are equally eligible for public office according to their professional aptitude.

    Article 44
    Prohibition of Discrimination and Privileges

  1. No person may be discriminated against or privileged on the basis of sex, gender, origin, race, language, parentage, creed, faith, or nobility.
  2. Measures for the advancement of persons are admissible to remedy past discrimination.

    Article 45
    Abolishment of Nobility

    No title of nobility is granted by the Republic of Iraq. Titles of nobility are no longer part of the family name.

    Part IV
    Right to Protection

    Article 46
    Special Protection

  1. Protection of human dignity is a duty of the Republic of Iraq.
  2. The institution of marriage has the special protection of the Republic of Iraq.
  3. Families, mothers, and minors have the special protection of the Republic of Iraq.
  4. Everyone persecuted on political grounds has the right to asylum.

    Part V Welfare Rights

    Article 47
    Special Support

  1. Everyone has the right to livelihood, health care, shelter, and education.
  2. Mothers have the special support of the Republic of Iraq.

      Part VI
      Procedural Rights

      Article 48
      Access to courts

  1. Everyone has free recourse to the courts.
  2. Everyone has the right to a constitutional judge. Extraordinary courts are not allowed.
  3. Persons and groups have recourse to the court acting for other rightholders not being in a position to seek relief in their own name.

    Article 49
    Fair Trial

  1. Everyone has the right to a fair trial. Evidence obtained illegally is inadmissible. Everyone has the right of access to all Republic of Iraq information required for the exercise or protection of any of his or her rights.
  2. No one may be deprived of life, liberty, or property without due process of law.
  3. No law shall be passed stipulating regulations of the past without due compensation for all losses.

    Article 50
    Criminal Justice

  1. No act may be punished unless it constituted a criminal offence under the law before having been committed.No one may be punished for the same act more than once .
  2. Only judges may indict or summons persons or issue warrants for arrest, search, or seizure.
  3. Everyone accused or arrested enjoys the right:
  4. (a) to a speedy and public trial,
    (b) to be presumed innocent until proven guilty,
    (c) not to be a witness against himself,
    (d) promptly to be informed about the reason of accusation or detention and about the right to be silent,
    (e) to counsel for defense,
    (f) to communicate with next-of-kin, partner, and legal, medical, and religious counselor,
    (g) to be released no later than 24 hours after the arrest if not further detained after court hearing, and
    (h) To redress in case of false imprisonment.

  5. Liability for punishment is individual and never collective.


    Article 51
    Prohibition of Extradition

    No citizen may be extradited to a foreign country.

    Chapter V
    Individual Restrictions

    Part I
    General Provisions

    Article 52
    Admissible Restrictions

  1. The Republic of Iraq can apply restrictions on individual rights only for the purpose of protecting individual rights of other persons or furthering other Republic of Iraq interests explicitly mentioned in this Constitution.

  2. Any restriction on individual rights must be competent and narrowly tailored to further the constitutional interest. Such restriction must be an adequate means to achieve the purpose of furthering the constitutional interest. Under no circumstances may the essence of a fundamental right be infringed.

  3. Any restriction must apply generally and not solely to an individual case.

    Article 53
    Special Restrictions

  1. Possession and use of drugs resulting in strong and imminent danger for the general public is prohibited.
  2. Possession and use of firearms and other weapons without a permit is prohibited.

    Part II
    Duties

    rticle 54
    General Duties

  1. Parents have the duty to rear and educate their minor children.
  2. Adults have the duty to support and assist their parents if they are in need.
  3. Parents and children have the duty to ensure that minors attend public schools or equivalent institutions (compulsory schooling). Vocational schools and certified private schools are equivalent to public schools.

    Article 55
    Civil Service

  1. Every citizen of age serves one year in the Armed Forces, in the unarmed civil services, or in equivalent non-profit services.
  2. Whoever desires not to serve is liable to compensate the community.

    Part III
    Burdens

    Article 56
    Taxation

  1. The Republic of Iraq levies taxes from the citizens.
  2. The Republic of Iraq levies taxes throughout the Territory.

    Article 57
    Mandatory Insurance

    The Republic of Iraq establishes the requirements for mandatory insurance.

    Part IV
    Republic of Iraq Monopolies

    Article 58
    Monopolies on objects

    No one but the national entities may own heavy weapons or ultra-hazardous material.

    Article 59
    Monopolies on activities

  1. No one but the national entities may coin or print money.
  2. The Republic of Iraq retains the monopoly on mail and telecommunication networks.

    Part V
    Forfeiture of Fundamental Rights

    Article 60
    Forfeiture of Rights

  1. Persons and political parties who abuse fundamental rights in order to combat the free democratic basic order forfeit these rights.
  2. Such forfeiture and the extent thereof are determined by the Supreme Court.

    Article 61
    Deprivation of Electoral Rights

    By final court order, the right to vote and to be elected can, partially or at large, temporarily or unlimited, be suspended if an adult:

  1. has not the requisite mental capacity for any legal responsibility or
  2. Has irrevocably been sentenced to at least one year of imprisonment.

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Fonte: http://www.uni-wuerzburg.de/law/info.html ICL - International Constitutional Law