The Iraqi Constitution, As It Stands RIGHT Now
PREAMBLE
We the people of Iraq, newly arisen from our disasters and looking with confidence to the future through a democratic, federal, republican system, are determined -- men and women, old and young -- to respect the rule of law, reject the policy of aggression, pay attention to women and their rights, the elderly and their cares, the children and their affairs, spread the culture of diversity and defuse terrorism.
We are the people of Iraq, who in all our forms and groupings undertake to establish our union freely and by choice, to learn yesterday's lessons for tomorrow, and to write down this permanent constitution from the high values and ideals of the heavenly messages and the developments of science and human civilization, and to adhere to this constitution, which shall preserve for Iraq its free union of people, land and sovereignty.
....
Great start. They seem to be learning from the mistakes of the past by recognizing their history. And, they have figured out those severely oppressed by Saddam and his regime of terror.
CHAPTER ONE: Basic Principles
Article (1): The Republic of Iraq is an independent, sovereign nation, and the system of rule in it is a democratic, federal, representative (parliamentary) republic.
Article (2): First, Islam is the official religion of the state and is a basic source of legislation:
a) No law can be passed that contradicts the undisputed rules of Islam.
b) No law can be passed that contradicts the principles of democracy.
c) No law can be passed that contradicts the rights and basic freedoms outlined in this constitution.
Second, this constitution guarantees the Islamic identity of the majority of the Iraqi people, and the full religious rights for all individuals, and the freedom of creed and religious practices.
Article (3): Iraq is a multiethnic, multi-religious and multi-sect country. It is part of the Islamic world and its Arab people are part of the Arab nation.
So much for those thinking that this nation was going to devolve to an Islamic state abiding by Islamic law, with no tolerance of other faiths. Yes, they recognize their roots, but didn’t we do the same with our own Constitution?
Article (4):
1st -- Arabic and Kurdish are the two official languages for Iraq. Iraqis are guaranteed the right to educate their children in their mother tongues, such as Turkoman or Assyrian, in government educational institutions, or any other language in private educational institutions, according to educational regulations.
2nd -- the scope of ''official language'' will be defined by the law.
a) issuing the official gazette in both languages
b) speaking, addressing and expressing in official domains, like the parliament, Cabinet, courts and official conferences, will be in either of the two languages.
....
This is an improvement over how things are over here. It officially recognizes the tongues of the nation. We spend millions each year printing things in a multi-lingual format—from driver’s license tests to voting forms—and while I appreciate those that maintain their language, when a new citizen is initiated into the American culture, it’s expected that they also learn the language. We have become too accustomed to bending over backwards for everyone.
Article (5): The law is sovereign, the people are the source of authorities and their legitimacy, which they exercise through direct, secret ballot and its constitutional institutions.
Sounds like they thought the same way our Founding Fathers did, which is that the government derives its power from the people, not the other way around.
Article (6): Government should be rotated peacefully through democratic means stipulated in this constitution.
Article (7):
1st -- Entities or trends that advocate, instigate, justify or propagate racism, terrorism, ''takfir'' (declaring someone an infidel), sectarian cleansing, are banned, especially the Saddamist Baath Party in Iraq and its symbols, under any name. It will be not be allowed to be part of the multilateral political system in Iraq, which should be defined according to the law.
2nd -- The state will be committed to fighting terrorism in all its forms and will work to prevent its territory from being a base or corridor or an arena for its (terrorism's) activities.
....
This part is especially important as they are disavowing the regime of the past, and it’s bloodthirsty legacy. There is a level of tolerance for all those in the nation, and for those that visit or move to the nation of Iraq.
Article (10): The holy shrines and religious sites in Iraq are religious and cultural entities. The state is committed to maintain and protect their sanctity and ensure the exercising of (religious) rites freely in them.
....
Here’s the freedom to practice their religion without any sort of overt interference from the government. Their sites will remain untouched, and the people will be free to exercise their faith within them.
CHAPTER TWO: Rights and Freedoms
Part One: Rights
Article (14): Iraqis are equal before the law without discrimination because of gender, ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status.
I wince when I see this This particular part is left wide open for a variety of interpretation. In my humble opinion, everything in this clause is OK, up until the inclusion of "social or economic status." I’m sorry, but I remember from my studies the socialist view that "all are equal." And they included such provisions. Granted, corruption within the socialist systems led to the downtrodden being trampled on even more, but this was prevalent in their thinking.
Article (15): Every individual has the right to life and security and freedom and cannot be deprived of these rights or have them restricted except in accordance to the law and based on a ruling by the appropriate judicial body.
Article (16): Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary steps to achieve this.
Again, I wince. Equal opportunity should be adopted, but through acts of legislation, not in the Constitution. Again, that’s my opinion.
Article (17):
1st -- Each person has the right to personal privacy as long as it does not violate the rights of others or general morality.
2nd -- The sanctity of homes is protected. They cannot be entered or searched or violated except by judicial decision and in accordance with the law.
....
Here’s something that is eerily familiar. It mirrors, in a way, the Fourth and Fifth Amendments of the US Constitution.
Article (19):
1st -- The judiciary is independent, with no power above it other than the law
2nd -- There is no crime and no punishment except by the text (of law). And there is no punishment except for an act that the law considers a crime at the time of its commission. No punishment can be enacted that is heavier than the punishment allowed at the time of the crime's commission.
3rd -- Trial by judiciary is a right protected and guaranteed to all.
4th -- The right to defense is holy and guaranteed in all stages of investigation and trial.
5th -- The accused is innocent until his guilt is proven in a just, legal court. The accused cannot be tried for the same accusation again after he has been freed unless new evidence appears.
6th -- Every individual has the right to be treated in a just manner in all judicial and administrative procedures.
7th -- Court sessions will be open unless the court decides to make them secret.
8th -- Punishment is for individuals.
9th -- Laws do not have retroactivity unless it has been legislated otherwise, and this exception does not include laws of taxes and duties.
....
A couple notes here. First, much of this resembles the thinking and understanding of our own rights here in America that are guaranteed and enumerated in our own Constitution, including the idea of "double jeopardy." Second, the 9th provision is an excellent addition as all too often, we are affected by retroactive laws regarding taxes. Anyone remember Clinton’s tax hikes that were made retroactive?
Article (20): Citizens, male and female, have the right to participate in public matters and enjoy political rights, including the right to vote and run as candidates.
....
Holy Cow! Has someone notified NOW on this part? WOMEN have rights in Iraq. I thought the MSM reported last week that women were worse off under the new Iraqi regime than under Saddam.
Part Two: Freedoms
Article (35):
1st -- (a) The freedom and dignity of a person are protected.
(b) No one may be detained or investigated unless by judicial decision.
(c) All forms of torture, mental or physical, and inhuman treatment are forbidden. There is no recognition of any confession extracted by force or threats or torture, and the injured party may seek compensation for any physical or mental injury that is inflicted.
2nd -- The state is committed to protecting the individual from coercion in thought, religion or politics, and no one may be imprisoned on these bases.
3rd -- Forced labor, slavery and the commerce in slaves is forbidden, as is the trading in women or children or the sex trade.
This is an interesting part. They are completely disavowing the brutal past they lived under. It is much like the world stating "Never again" after a holocaust of human life occurs. Let’s see if they can stick to that mantra better than the world does.
Article (36): The state guarantees, as long as it does not violate public order and morality:
1st -- the freedom of expressing opinion by all means.
2nd -- the freedom of press, publishing, media and distribution.
3rd -- freedom of assembly and peaceful protest will be organized by law.
This is a plus and a minus. It’s a plus in that there are checks and balances built within it, however, it doesn’t restrict tyranny emanating from the government. A despot, with cronies within the legislature could curtail these rights above. I’m not saying that the government now could do it, however, I move ten steps ahead in a chess game, and I’m simply thinking of what the future may hold for this nation. NO NATION is free from the possibility of corruption and despotism. History is rife with such regimes, and the Iraqis just crawled out of such a regime.
Article (37):
1st -- Freedom to establish and belong to political organizations and parties is guaranteed, and it will be organized by law.
2nd -- No person can be forced to join or remain a member of a political party or organization.
Article (38): The freedom of communications and exchanges by post, telegraph, telephone and by electronic and other means is guaranteed. They will not be monitored or spied upon or revealed except for legal and security necessity in accordance with the law.
Article (39): Iraqis are free in their adherence to their personal status according to their own religion, sect, belief and choice, and that will be organized by law.
Nice injection here to remind all Iraqis that they are free. There’s no ambiguity is such a direct statement.
Article (40):
1st -- The followers of every religion and sect are free in:
(a) the practice of their religious rites, including the (Shiite) Husseiniya Rites.
the administration of religious endowments and their affairs and their religious institutions, and this will be organized by law.
2nd -- The state guarantees freedom of worship and the protection of its places.
Here’s the nice little provision guaranteeing the practice of ALL religions within the nation of Iraq. If a Christian church is erected in Iraq, it will not be torn down or desecrated because of the beliefs of it’s flock. The goes for Jews, or Buddhists, or what have you.
Article (41): Every individual has freedom of thought and conscience.
Article (42):
1st -- The Iraqi citizen has freedom of movement and travel and residence within Iraq and outside it.
2nd -- No Iraqi can be exiled or forced out or forbidden to return to his nation.
OK, now I have a bit of a problem. What if the person is a native Iraqi, and they stir up trouble and continue to do so? Regardless of the prison terms doled out, or even if such a move applies to the person in question. The nation should have the right to exile a constant agitator if it becomes necessary. Not based on anything other than they may be attempting to destabilize the society being built. Even the US has the right to revoke someone’s citizenship for severe offenses.
CHAPTER THREE: The Federal Authorities
Part One: The Legislative Authority.
Article (47): The federal legislative authority is made up of the Council of Representatives and the Council of Union.
Keep in mind that I’m guessing on this one, but I’d wager that these are our versions of the House and the Senate, respectively.
First: The Council of Representatives.
Article (48):
1st -- The Council of Representatives is made up of a number of members at a proportion of one seat for every 100,000 people from the population of Iraq. They represent the entire Iraqi people and are elected by general, direct, secret ballot, and they take care to represent all groups of people.
....
Article (59): The Council of Representatives is given the following duties:
1st -- legislating federal laws.
....
Second: The Council of Union.
Article (63):
1st -- A legislative council called the ''Council of Union'' will be established and will include representatives of regions and provinces to examine bills related to regions and provinces.
2nd -- The makeup of the council, the conditions for membership and all things related to it will be organized by law.
....
Part 2: The Executive Authority.
First, The President.
Article (65): The president of the republic is the president of the country and the symbol of the nation's unity and represents the sovereignty of the country and oversees the guarantees of adherence to the constitution, the preservation of Iraq's independence and unity and the security of its territory, in accordance to the law.
....
Article (68):
1st -- The Council of Representatives elects from among the candidates a president of the republic by a two-thirds majority.
2nd -- If no single candidate gets the required majority, the two candidates with the highest votes will compete and whoever wins a majority of votes in the second round is declared president of the republic.
....
This definitely avoids partisanship within either house that has been designated, and it settles things once and for all. The two-thirds majority is nice, and leaves no ambiguity. You either get two-thirds of the vote, or you go to a run-off election.
Second, the Cabinet.
....
Article (76): The prime minister is the direct executive responsible for the general policy of the nation, the general commander of the armed forces and carries out the administration of the Cabinet and presides over its sessions. The prime minister has the right to remove the Cabinet, with the consent of the Council of Representatives.
....
This provision is a bit iffy, too. Not so much for the idea of a prime minister, but the power he/she will wield. Again, a despot in such a position would have little trouble with commanding the nation as so much authority is vested in the prime minister.
Part 3: The Judiciary
Article (85): The judiciary is independent and will be represented by courts of different kinds and levels, and they will issue their rulings according to law.
Article (86): Judges are independent, with no authority over them in their rulings except the law. No authority can interfere in the judiciary or in the affairs of justice.
This scares the absolute hell out of me. Maybe it’s because I’m American, and I know that the judiciary should be the least dangerous of the branches, as per the explanations of the Framers in the Federalist Papers. This provision gives the Iraqi judiciary a level of power that should never be placed in a group’s hands without a proper check to it.
Article (87): The federal judiciary will include the Supreme Judiciary Council, the Supreme Federal Court, the Federal Cassation Court, the Prosecutor's Office, the Judiciary Inspection Department and other federal courts that are organized by law.
First: The Supreme Judiciary Council
Article (88): The Supreme Judiciary Council will administer judicial affairs in accordance with the law.
Article (89): The Supreme Judiciary Council will exercise the following powers:
1st -- administering and supervising the federal judiciary system.
2nd -- nominating the head and members of the Supreme Federal Court and presenting their names to parliament for endorsement.
3rd -- nominating the head of the Federal Cassation Court, the chief prosecutor and the head of the Judiciary Inspection Department, and presenting them to parliament for approval.
4th -- proposing the annual budget for the federal judiciary system and presenting it to parliament for approval.
The 2nd provision, to me, screams "oligarchy" as those on the Supreme Judiciary Council could end up stacking the courts. Again, this is if a majority of the council, with a level of "moral flexibility," ever gains power.
Second: The Supreme Federal Court
Article (90):
1st -- The Supreme Federal Court is an independent judicial body, financially and administratively, its work and its duties will be defined by law.
2nd -- The Supreme Federal Court will be made up of a number of judges and experts in sharia and law, whose number and the manner of their selection will be defined by a law that should be passed by two thirds of the parliament members.
Article (91): The Supreme Federal Court will have the following duties:
1st -- overseeing the constitutionality of federal laws before they are issued.
2nd -- overseeing the constitutionality of the laws and standing regulations.
3rd -- interpreting the text of the constitution.
4th -- ruling in cases that emerge from the implementation of federal laws.
5th -- ruling in disputes between the federal government and the governments of the regions and the provinces and local administrations.
6th -- ruling in disputes between the governments of the regions or provinces.
7th -- ruling in accusations against the president of the republic, the prime minister and the ministers.
8th -- endorsing the final results of parliamentary general elections.
Article (92): Resolutions of the Supreme Federal Court are bindings for all authorities.
A few of our regular readers might look at their constitution, and my remarks, and think that they did a bad job on it. I beg to differ. For the most part, this constitution is workable, applies to ALL individuals in the nation, and has checks and balances within it that are OK. On the bad side, as I pointed out a few times, the constitution is open for abuse from those that are tyrannical in nature. Also, there is no provision within their constitution protecting the rights of the citizens to own firearms; a provision within our own Constitution to prevent the government from getting too tyrannical. And there’s a spot or two that reminds me of certain decrees by the UN. Finally, there’s nothing within it addressing how to amend it. That is an important check against the government within our own Constitution. Without it, the "rule of law" they are embracing may be exactly. The law as written and interpreted. We’ll see.
Other than that it’s not bad. It’ll do. And we have to remember that some changes may be made between now and the final vote. But all in all, it’s not a bad effort made by a people that over a year ago were still under the boot-heel of a tyrant bent on continuing their suffering, and starting all sorts of trouble in his region.
Publius II
PREAMBLE
We the people of Iraq, newly arisen from our disasters and looking with confidence to the future through a democratic, federal, republican system, are determined -- men and women, old and young -- to respect the rule of law, reject the policy of aggression, pay attention to women and their rights, the elderly and their cares, the children and their affairs, spread the culture of diversity and defuse terrorism.
We are the people of Iraq, who in all our forms and groupings undertake to establish our union freely and by choice, to learn yesterday's lessons for tomorrow, and to write down this permanent constitution from the high values and ideals of the heavenly messages and the developments of science and human civilization, and to adhere to this constitution, which shall preserve for Iraq its free union of people, land and sovereignty.
....
Great start. They seem to be learning from the mistakes of the past by recognizing their history. And, they have figured out those severely oppressed by Saddam and his regime of terror.
CHAPTER ONE: Basic Principles
Article (1): The Republic of Iraq is an independent, sovereign nation, and the system of rule in it is a democratic, federal, representative (parliamentary) republic.
Article (2): First, Islam is the official religion of the state and is a basic source of legislation:
a) No law can be passed that contradicts the undisputed rules of Islam.
b) No law can be passed that contradicts the principles of democracy.
c) No law can be passed that contradicts the rights and basic freedoms outlined in this constitution.
Second, this constitution guarantees the Islamic identity of the majority of the Iraqi people, and the full religious rights for all individuals, and the freedom of creed and religious practices.
Article (3): Iraq is a multiethnic, multi-religious and multi-sect country. It is part of the Islamic world and its Arab people are part of the Arab nation.
So much for those thinking that this nation was going to devolve to an Islamic state abiding by Islamic law, with no tolerance of other faiths. Yes, they recognize their roots, but didn’t we do the same with our own Constitution?
Article (4):
1st -- Arabic and Kurdish are the two official languages for Iraq. Iraqis are guaranteed the right to educate their children in their mother tongues, such as Turkoman or Assyrian, in government educational institutions, or any other language in private educational institutions, according to educational regulations.
2nd -- the scope of ''official language'' will be defined by the law.
a) issuing the official gazette in both languages
b) speaking, addressing and expressing in official domains, like the parliament, Cabinet, courts and official conferences, will be in either of the two languages.
....
This is an improvement over how things are over here. It officially recognizes the tongues of the nation. We spend millions each year printing things in a multi-lingual format—from driver’s license tests to voting forms—and while I appreciate those that maintain their language, when a new citizen is initiated into the American culture, it’s expected that they also learn the language. We have become too accustomed to bending over backwards for everyone.
Article (5): The law is sovereign, the people are the source of authorities and their legitimacy, which they exercise through direct, secret ballot and its constitutional institutions.
Sounds like they thought the same way our Founding Fathers did, which is that the government derives its power from the people, not the other way around.
Article (6): Government should be rotated peacefully through democratic means stipulated in this constitution.
Article (7):
1st -- Entities or trends that advocate, instigate, justify or propagate racism, terrorism, ''takfir'' (declaring someone an infidel), sectarian cleansing, are banned, especially the Saddamist Baath Party in Iraq and its symbols, under any name. It will be not be allowed to be part of the multilateral political system in Iraq, which should be defined according to the law.
2nd -- The state will be committed to fighting terrorism in all its forms and will work to prevent its territory from being a base or corridor or an arena for its (terrorism's) activities.
....
This part is especially important as they are disavowing the regime of the past, and it’s bloodthirsty legacy. There is a level of tolerance for all those in the nation, and for those that visit or move to the nation of Iraq.
Article (10): The holy shrines and religious sites in Iraq are religious and cultural entities. The state is committed to maintain and protect their sanctity and ensure the exercising of (religious) rites freely in them.
....
Here’s the freedom to practice their religion without any sort of overt interference from the government. Their sites will remain untouched, and the people will be free to exercise their faith within them.
CHAPTER TWO: Rights and Freedoms
Part One: Rights
Article (14): Iraqis are equal before the law without discrimination because of gender, ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status.
I wince when I see this This particular part is left wide open for a variety of interpretation. In my humble opinion, everything in this clause is OK, up until the inclusion of "social or economic status." I’m sorry, but I remember from my studies the socialist view that "all are equal." And they included such provisions. Granted, corruption within the socialist systems led to the downtrodden being trampled on even more, but this was prevalent in their thinking.
Article (15): Every individual has the right to life and security and freedom and cannot be deprived of these rights or have them restricted except in accordance to the law and based on a ruling by the appropriate judicial body.
Article (16): Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary steps to achieve this.
Again, I wince. Equal opportunity should be adopted, but through acts of legislation, not in the Constitution. Again, that’s my opinion.
Article (17):
1st -- Each person has the right to personal privacy as long as it does not violate the rights of others or general morality.
2nd -- The sanctity of homes is protected. They cannot be entered or searched or violated except by judicial decision and in accordance with the law.
....
Here’s something that is eerily familiar. It mirrors, in a way, the Fourth and Fifth Amendments of the US Constitution.
Article (19):
1st -- The judiciary is independent, with no power above it other than the law
2nd -- There is no crime and no punishment except by the text (of law). And there is no punishment except for an act that the law considers a crime at the time of its commission. No punishment can be enacted that is heavier than the punishment allowed at the time of the crime's commission.
3rd -- Trial by judiciary is a right protected and guaranteed to all.
4th -- The right to defense is holy and guaranteed in all stages of investigation and trial.
5th -- The accused is innocent until his guilt is proven in a just, legal court. The accused cannot be tried for the same accusation again after he has been freed unless new evidence appears.
6th -- Every individual has the right to be treated in a just manner in all judicial and administrative procedures.
7th -- Court sessions will be open unless the court decides to make them secret.
8th -- Punishment is for individuals.
9th -- Laws do not have retroactivity unless it has been legislated otherwise, and this exception does not include laws of taxes and duties.
....
A couple notes here. First, much of this resembles the thinking and understanding of our own rights here in America that are guaranteed and enumerated in our own Constitution, including the idea of "double jeopardy." Second, the 9th provision is an excellent addition as all too often, we are affected by retroactive laws regarding taxes. Anyone remember Clinton’s tax hikes that were made retroactive?
Article (20): Citizens, male and female, have the right to participate in public matters and enjoy political rights, including the right to vote and run as candidates.
....
Holy Cow! Has someone notified NOW on this part? WOMEN have rights in Iraq. I thought the MSM reported last week that women were worse off under the new Iraqi regime than under Saddam.
Part Two: Freedoms
Article (35):
1st -- (a) The freedom and dignity of a person are protected.
(b) No one may be detained or investigated unless by judicial decision.
(c) All forms of torture, mental or physical, and inhuman treatment are forbidden. There is no recognition of any confession extracted by force or threats or torture, and the injured party may seek compensation for any physical or mental injury that is inflicted.
2nd -- The state is committed to protecting the individual from coercion in thought, religion or politics, and no one may be imprisoned on these bases.
3rd -- Forced labor, slavery and the commerce in slaves is forbidden, as is the trading in women or children or the sex trade.
This is an interesting part. They are completely disavowing the brutal past they lived under. It is much like the world stating "Never again" after a holocaust of human life occurs. Let’s see if they can stick to that mantra better than the world does.
Article (36): The state guarantees, as long as it does not violate public order and morality:
1st -- the freedom of expressing opinion by all means.
2nd -- the freedom of press, publishing, media and distribution.
3rd -- freedom of assembly and peaceful protest will be organized by law.
This is a plus and a minus. It’s a plus in that there are checks and balances built within it, however, it doesn’t restrict tyranny emanating from the government. A despot, with cronies within the legislature could curtail these rights above. I’m not saying that the government now could do it, however, I move ten steps ahead in a chess game, and I’m simply thinking of what the future may hold for this nation. NO NATION is free from the possibility of corruption and despotism. History is rife with such regimes, and the Iraqis just crawled out of such a regime.
Article (37):
1st -- Freedom to establish and belong to political organizations and parties is guaranteed, and it will be organized by law.
2nd -- No person can be forced to join or remain a member of a political party or organization.
Article (38): The freedom of communications and exchanges by post, telegraph, telephone and by electronic and other means is guaranteed. They will not be monitored or spied upon or revealed except for legal and security necessity in accordance with the law.
Article (39): Iraqis are free in their adherence to their personal status according to their own religion, sect, belief and choice, and that will be organized by law.
Nice injection here to remind all Iraqis that they are free. There’s no ambiguity is such a direct statement.
Article (40):
1st -- The followers of every religion and sect are free in:
(a) the practice of their religious rites, including the (Shiite) Husseiniya Rites.
the administration of religious endowments and their affairs and their religious institutions, and this will be organized by law.
2nd -- The state guarantees freedom of worship and the protection of its places.
Here’s the nice little provision guaranteeing the practice of ALL religions within the nation of Iraq. If a Christian church is erected in Iraq, it will not be torn down or desecrated because of the beliefs of it’s flock. The goes for Jews, or Buddhists, or what have you.
Article (41): Every individual has freedom of thought and conscience.
Article (42):
1st -- The Iraqi citizen has freedom of movement and travel and residence within Iraq and outside it.
2nd -- No Iraqi can be exiled or forced out or forbidden to return to his nation.
OK, now I have a bit of a problem. What if the person is a native Iraqi, and they stir up trouble and continue to do so? Regardless of the prison terms doled out, or even if such a move applies to the person in question. The nation should have the right to exile a constant agitator if it becomes necessary. Not based on anything other than they may be attempting to destabilize the society being built. Even the US has the right to revoke someone’s citizenship for severe offenses.
CHAPTER THREE: The Federal Authorities
Part One: The Legislative Authority.
Article (47): The federal legislative authority is made up of the Council of Representatives and the Council of Union.
Keep in mind that I’m guessing on this one, but I’d wager that these are our versions of the House and the Senate, respectively.
First: The Council of Representatives.
Article (48):
1st -- The Council of Representatives is made up of a number of members at a proportion of one seat for every 100,000 people from the population of Iraq. They represent the entire Iraqi people and are elected by general, direct, secret ballot, and they take care to represent all groups of people.
....
Article (59): The Council of Representatives is given the following duties:
1st -- legislating federal laws.
....
Second: The Council of Union.
Article (63):
1st -- A legislative council called the ''Council of Union'' will be established and will include representatives of regions and provinces to examine bills related to regions and provinces.
2nd -- The makeup of the council, the conditions for membership and all things related to it will be organized by law.
....
Part 2: The Executive Authority.
First, The President.
Article (65): The president of the republic is the president of the country and the symbol of the nation's unity and represents the sovereignty of the country and oversees the guarantees of adherence to the constitution, the preservation of Iraq's independence and unity and the security of its territory, in accordance to the law.
....
Article (68):
1st -- The Council of Representatives elects from among the candidates a president of the republic by a two-thirds majority.
2nd -- If no single candidate gets the required majority, the two candidates with the highest votes will compete and whoever wins a majority of votes in the second round is declared president of the republic.
....
This definitely avoids partisanship within either house that has been designated, and it settles things once and for all. The two-thirds majority is nice, and leaves no ambiguity. You either get two-thirds of the vote, or you go to a run-off election.
Second, the Cabinet.
....
Article (76): The prime minister is the direct executive responsible for the general policy of the nation, the general commander of the armed forces and carries out the administration of the Cabinet and presides over its sessions. The prime minister has the right to remove the Cabinet, with the consent of the Council of Representatives.
....
This provision is a bit iffy, too. Not so much for the idea of a prime minister, but the power he/she will wield. Again, a despot in such a position would have little trouble with commanding the nation as so much authority is vested in the prime minister.
Part 3: The Judiciary
Article (85): The judiciary is independent and will be represented by courts of different kinds and levels, and they will issue their rulings according to law.
Article (86): Judges are independent, with no authority over them in their rulings except the law. No authority can interfere in the judiciary or in the affairs of justice.
This scares the absolute hell out of me. Maybe it’s because I’m American, and I know that the judiciary should be the least dangerous of the branches, as per the explanations of the Framers in the Federalist Papers. This provision gives the Iraqi judiciary a level of power that should never be placed in a group’s hands without a proper check to it.
Article (87): The federal judiciary will include the Supreme Judiciary Council, the Supreme Federal Court, the Federal Cassation Court, the Prosecutor's Office, the Judiciary Inspection Department and other federal courts that are organized by law.
First: The Supreme Judiciary Council
Article (88): The Supreme Judiciary Council will administer judicial affairs in accordance with the law.
Article (89): The Supreme Judiciary Council will exercise the following powers:
1st -- administering and supervising the federal judiciary system.
2nd -- nominating the head and members of the Supreme Federal Court and presenting their names to parliament for endorsement.
3rd -- nominating the head of the Federal Cassation Court, the chief prosecutor and the head of the Judiciary Inspection Department, and presenting them to parliament for approval.
4th -- proposing the annual budget for the federal judiciary system and presenting it to parliament for approval.
The 2nd provision, to me, screams "oligarchy" as those on the Supreme Judiciary Council could end up stacking the courts. Again, this is if a majority of the council, with a level of "moral flexibility," ever gains power.
Second: The Supreme Federal Court
Article (90):
1st -- The Supreme Federal Court is an independent judicial body, financially and administratively, its work and its duties will be defined by law.
2nd -- The Supreme Federal Court will be made up of a number of judges and experts in sharia and law, whose number and the manner of their selection will be defined by a law that should be passed by two thirds of the parliament members.
Article (91): The Supreme Federal Court will have the following duties:
1st -- overseeing the constitutionality of federal laws before they are issued.
2nd -- overseeing the constitutionality of the laws and standing regulations.
3rd -- interpreting the text of the constitution.
4th -- ruling in cases that emerge from the implementation of federal laws.
5th -- ruling in disputes between the federal government and the governments of the regions and the provinces and local administrations.
6th -- ruling in disputes between the governments of the regions or provinces.
7th -- ruling in accusations against the president of the republic, the prime minister and the ministers.
8th -- endorsing the final results of parliamentary general elections.
Article (92): Resolutions of the Supreme Federal Court are bindings for all authorities.
A few of our regular readers might look at their constitution, and my remarks, and think that they did a bad job on it. I beg to differ. For the most part, this constitution is workable, applies to ALL individuals in the nation, and has checks and balances within it that are OK. On the bad side, as I pointed out a few times, the constitution is open for abuse from those that are tyrannical in nature. Also, there is no provision within their constitution protecting the rights of the citizens to own firearms; a provision within our own Constitution to prevent the government from getting too tyrannical. And there’s a spot or two that reminds me of certain decrees by the UN. Finally, there’s nothing within it addressing how to amend it. That is an important check against the government within our own Constitution. Without it, the "rule of law" they are embracing may be exactly. The law as written and interpreted. We’ll see.
Other than that it’s not bad. It’ll do. And we have to remember that some changes may be made between now and the final vote. But all in all, it’s not a bad effort made by a people that over a year ago were still under the boot-heel of a tyrant bent on continuing their suffering, and starting all sorts of trouble in his region.
Publius II
posted by Syd And Vaughn | 7:31 PM
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