The constitution of the islamic republic of afghanistan the present constitution of the islamic republic of afghanistan was agreed upon by more than 500 delegates representing afghan men and women from across the country at the constitutional loya jirga december, 2003 january 4, 2004. Iran islamic republic of s constitution of 1979 with amendments through 1989. The iraq constitution, march 21st, 1925 passed by the constituent assembly, july 10th, 1924 as amended by the law of july 29th, 1925. Thefederalrepublicof somalia provisionalconstitution. Introduction theoretical physicists hypothesize a sum over histories, a concept having its roots in the heisenberg uncertainty principle and the schrrdinger equation postulated in quantum mechanics. Oct 26, 2005 the adherence to this constitution preserves for iraq its free union, its people, its land and its sovereignty. A constitutional structure for iraq 7 constitution, the declaration of the shia of iraq, the political statement of the iraqi opposition conference, the report of the democratic principles working group, and the iraqi national congress inc draft constitution. A study of federalism in iraq from the view of the micro.
The constitution entered into force upon the seating of a constitutionallyelected government in midjune. The draft iraqi constitution, which for months has been the best hope of pulling iraq out of its cycle of protracted violence and declining public confidence both there and here, could wind up as. The current constitution of iraq was drafted by a committee of the iraqi transitional government. It is consisting of 144 article, and translated from arabic by the united nations office for constitutional support, and the translation was approved by the iraqi government. The constitution sets out a multitude of basic assertions unfortunately because of last minute changes to the constitution, most of the footnote references below to specific articles in the constitution are inaccurate. July 27, 2005 in the past few days, a variety of constitutional drafts have circulated.
Constitutionalism is the idea, often associated with the political theories of john locke and the founders of the american republic, and equated with the concept of regula iuris, the rule of law, that government can and should be legally limited in its powers, and that its authority depends on enforcing these limitations. In the name of god, the most merciful, the most compassionate. The constitution of the islamic republic of iran, setting forth as it does the political, social, cultural, and economic institutions and their relations that are to exist in society, must now provide for the consolidation of the foundations of islamic. The system of government is a democratic, federal, representative, parliamentary republic.
Geographical distribution of iraqi oil fields and its relation with the new constitution kamil almehaidi petroleum adviser background and objective. Pdf on nov 21, 2017, matthijs bogaards and others published iraqs constitution of 2005. The move is a bid to meet the demands of protesters, who have taken to the streets across iraq since october to call for radical reforms, including amending the constitution and the resignation of the current government the semiautonomous kurdistan region. However, sciri has insisted that essence of the constitution should be maintained and has pushed for the creation of a shiite region covering the nine southern governorates. As iraqi calls to amend constitution rise, kurds fear loss. As iraqi calls to amend constitution rise, kurds fear loss of. Or it could be the event that sends the country into open civil war. The adherence to this constitution preserves for iraq its free union, its people, its land and its sovereignty. Brown senior associate carnegie endowment for international peace on august 28, 2005, iraqs constitutional commission approved a draft constitution.
Pdf notes in defense of the iraq constitution haider. Passed by the constituent assembly, july 10th, 1924 as amended by the law of july 29th, 1925. Following the iraniraq war in 1989, saddam allowed elections for a new national legislature and proposed the creation of a new constitution. Sep 02, 2005 the draft iraqi constitution, which for months has been the best hope of pulling iraq out of its cycle of protracted violence and declining public confidence both there and here, could wind up as. The iraqi flag and the republic of iraqs slogan will be determined with provisions under a law. Abstract ten years after the us invasion, and following three rounds of elections, iraq is one of the most dangerous, unstable. Such entities may not be part of political pluralism in iraq. The following is the official translation oj the iraq constitution as approved bij the ministry of justice. Geographical distribution of iraqi oil fields and its. The draft was then read in a session of the national assembly although no formal vote was taken. Federations incorporate elements of selfrule in the sense that their component units enjoy a certain degree of autonomy visavis the federal government even as they share in the control of that government. Reflections on iraqs failed constitutional process feisal amin rasoul alistrabadi i. A study of federalism in iraq from the view of the micro level of analysis. No law shall be promulgated until it has been adopted by the chamber.
With respect to the islamic content of the iranian revolution, which was a movement for the. Its system of government is republican, representative 6127parliamentary6347 and democratic. The iraq constitution of 2005 combines temporary and liberal consociationalism. It was translated from the arabic by the united nations office. The kurdish regional constitution within the framework of the iraqi federal constitution. The heavy centralization by which the iraqi oil sector used to be run meant that it was not necessary to accurately. The complete text of the final draft iraqi constitution, as translated from the arabic by the associated press. The following is the official translation oj the iraq constitution as approved bij the ministry. The british government adds that the new text embodies the modifications introduced by the organic law amendment law, 1925,2 and was approved by the iraq. Provisions applicable to an amendment to the provisional constitution schedule one c, or a law mentioned in schedule one d of this constitution, proposed before the expiry of the first term of the federal parliament. Constitution of the federal republic of nigeria 1999 arrangement of sections chapter i general provisions part i federal republic of nigeria 1. The iraqi constitution as being voted on in the oct. A struggle for sovereignty, oil, ethnic identity, and the prospects for a reverse supremacy clause michael j.
Article 18 as amended by the constitutional law of october 17, 1927 and the constitutional law of september 21, 1990 the chamber of deputies and the council of ministers have the right to propose laws. The following is the full text of the draft constitution being voted on by iraqis in saturdays referendum. No law that contradicts this constitution shall be enacted. The constitution was approved by referendum on 15 october 2005, and entered into force in 2006 when nouri almalikis first government was sworn into office. Iran islamic republic ofs constitution of 1979 with. In the case of iraq, the draft constitution makes islam a fundamental source of legislation, and specifies that the federal supreme court will be tasked with interpretation of the provisions of the constitution. The republic of iraq is a single, independent federal state with full sovereignty. On august 28, 2005, iraqs constitutional commission approved a draft constitution. We have honored the sons of adam we, the people of mesopotamia, the homeland of the apostles and prophets, resting place of the virtuous imams, cradle of civilization, crafters of writing, and home of numeration. The main proposed amendments have come from the sunni arab majority parties who want to make it more difficult to establish an oilrich shiite superregion in the south of iraq. Pdf the emergence and application of federalism in iraq.
Text of the draft iraqi constitution the new york times. As the kurdish region is currently the only legallydefined region in. The constitution of the islamic republic of iran sets forth the cultural, social, political, and economic institutions of iranian society on the basis of islamic principles and norms, which represent the earnest aspiration of the islamic ummah. Pdf in the summer of 2014, the iraqi government lost control of much of the country. Iraq has created its foundational document, but how does a political community foster the coming into being of a genuine, living constitution and so, in a sense, create itself.
Interim constitution of iraq 1990 as published from 19972004 by the university of wuerzburgs international constitutional law project chapter i the republic of iraq article 1 state form iraq is a sovereign peoples democratic republic. Politics and governance congressional research service summary iraqs sectarian and ethnic divisionsmuted toward the end of the 20032011 u. Any text in any regional constitutions or any other legal text that contradicts this constitution shall be considered void. This constitution is the preeminent and supreme law in iraq and shall be binding in all parts of iraq without exception. The iraqi constitution as being voted on in saturdays. This concept of power sharing among various levels of government within a country is known as federalism. Iraq is a multiethnic, multireligious and multisect country.
The lack of durable national power sharing, the preoccupation with. Thereafter, the constitution remained subject to amendment for a fourmonth period, and confirmation from ocs needs to be given on the official start date of this term. The republic of kosovo is an independent, sovereign, democratic, unique and indivisible state. This article argues that iraqs political problems can be traced, in part, to the combination of temporary and liberal consociationalism, what is called here consociationalism light. The constitution of the islamic republic of afghanistan. Following the iran iraq war in 1989, saddam allowed elections for a new national legislature and proposed the creation of a new constitution. Final version iraq constitution report constitution society. Baghdad, iraq cnn the iraqi draft constitution has passed, according to final results released tuesday by iraqi election officials. This paper is a defense of sorts of the iraqi constitution, arguing that the language used in it was wisely designed to allow some level of flexibility, such that highly divided political forces could find incremental solutions to the deep rooted. Depending on the subject matter, the relative balance of power allocated to the federal or regional governorates varies depending on the text of the constitution as well as the political, legal, and economic realities of iraq. Article 2 official religion first status of religious law. The 144 articles of the 2005 constitution are the product of tough negotiations and hardwon compromises. Constitution of the federal republic of nigeria 1999.
The proposed iraqi constitution goes to a public vote on oct. A struggle for sovereignty, oil, ethnic identity, and the prospects for a reverse supremacy clause. This constitution was supposed to create a council of ministers, lift the ban on political parties, and provide for direct presidential election. The constitution of iraq explicitly divides power between the national government and regional provinces. But their real meaning is opaque and will only be revealed over. The constitution of the islamic republic of iran is a declaration of the social, cultural, political, and economic foundations of the iranian society based on islamic principles and norms that. Apr 19, 2004 the interim constitution for the republic of iraq issued in 1958 stated in article 3 that arabs and kurds are partners in the iraqi state and then on march 11, 1970 an agreement was reached between the kurdish leadership and the government of iraq that recognized autonomy for the people of kurdistan within the iraqi kurdistan region as the. It was approved by 79% of voters and 15 out of 18 governorates. Insurgents including the islamic state of iraq and alsham.
The constitution of iraq is the fundamental law of iraq. The move is a bid to meet the demands of protesters, who have taken to the streets across iraq since october to call for radical reforms, including amending the constitution and the resignation of the current government. The republic of iraq is a single federal, independent and fully sovereign state in which the system of government is republican, representative, parliamentary, and democratic, and this constitution is a guarantor of the unity of iraq. Iraqs constitution of 2005 has both, but the country has been in turmoil ever since. As the constitution makes clear, iraqs government is a representative democracy. The final draft of the iraqi constitution carnegie endowment.
Its basic objective is the realization of one arab state and the buildup of the socialist system. This paper focuses on the emergence of federalism in iraq before 2003, its adoption and application under the state administration law for the transitional period 2004 and under the constitution. The interim constitution for the republic of iraq issued in 1958 stated in article 3 that arabs and kurds are partners in the iraqi state and then on march 11, 1970 an agreement was reached between the kurdish leadership and the government of iraq that recognized autonomy for the people of kurdistan within the iraqi kurdistan region as the. Part ii powers of the federal republic of nigeria 4. The present constitution of the islamic republic of afghanistan was agreed upon by more than 500 delegates representing afghan men and women from across the country at the constitutional loya jirga december, 2003 january 4, 2004. Making federalism work in iraq forum of federations. The agreed text was put to a referendum in october 2005. Introduction to the laws of kurdistan, iraq working paper.