* Constitution of the Republic of Iraq

The Iraq Constitution

Preamble
In the name of God the Merciful
{We have honored the sons of Adam}
We are the sons of Mesopotamia, the homeland of the apostles and prophets, abode of the holy imams, the cradle of civilization, and the makers of writing, and pioneers of agriculture, Audhaa numbering. On our first enacted the law and his rights, and in the line of our era’s most prestigious fair of the policy of nations, and peace on our soil companions and tutors, the philosophers and scientists, writers and poets excelled.

Recognition of our right upon us, and to meet the call of our homeland and our citizens, and in response to the call of our religious and national and the insistence of our great and our leaders and our politicians, and the center of international support from our friends and those who love us, marched for the first time in our history to the polls in the millions, men and women, young and old in the thirtieth of January of two thousand and five AD, remembering the pains of sectarian oppression by the autocratic clique and inspired by the tragedies of Iraq’s martyrs Shiites and Sunnis, Arabs and Kurds and Turkmen, and components of the people all of them, and inspired by the injustice against the holy cities and the South in the popular uprising, and Mktwein Bzy Cjn mass graves, the marshes, Dujail and others, recalling the Passion of the national oppression in the massacres of Halabja, Barzan, Anfal and against the Kurds Faili, and Mstrdjain tragedies of the Turkmen in Bashir and the suffering of the people of the western region, like other areas of Iraq from the liquidation of its leaders, symbols and elderly and the displacement of competencies and drying cultural and intellectual wells, so we sought hand in hand and shoulder to shoulder to create our new Iraq, Iraq of the future, free from sectarianism, racism, and node regional, or discrimination, and exclusion.
Not Itnna atonement and terrorism that we move forward to build the rule of law, did not stop sectarianism and racism were marching together to strengthen national unity, and the pursuit of peaceful transfer of authority, and adopted a fair distribution of wealth and give equal opportunities for all.
We, the people of Iraq, newly arisen from our disasters and looking with confidence to the future through a republican, federal, democratic, pluralistic, we are determined our men and women, and elderly and youth, to respect the rules of law, justice and equality, and to reject the policy of aggression, pay attention to women and their rights, the elderly and their cares, the children and their affairs , and promote a culture of diversity and defuse terrorism.
We the people of Iraq, who in all our forms and groupings undertake to decide freely and by choice to unite themselves, to learn for tomorrow, and that the Sunnah of the system of values and ideals of the heavenly messages and the developments of science and human civilization, this lasting constitution. The adherence to this constitution preserves for Iraq its free union of people, land and sovereignty.
Part I
Basic principles
Article (1): The Republic of Iraq is an independent sovereign state, the system of government is republican, representative (parliamentary) democratic and federal.
المادة (2): Article (2):
First: Islam is the official state religion, is a basic source of legislation:
A. No law may be enacted that contradicts the undisputed rules of Islam. B. No law may be enacted that contradicts the principles of democracy.
C. No law may be enacted that contradicts the rights and basic freedoms stipulated in this Constitution.
Second: This Constitution guarantees the Islamic identity of the majority of the Iraqi people, and also guarantees the full religious rights for all individuals to freedom of religious belief and practice, as Christians, Yazidis, and Sabean Mandaeans.
Article (3):
Iraq is a country of multiple nationalities, religions and creeds, which is part of the Islamic world, and a founding member and active in the League of Arab States, and committed to its charter.
Article (4):
First Language: Arabic and Kurdish are the official languages of Iraq, and guarantee the right of Iraqis to educate their children in the mother tongue, such as Turcoman, Syriac, and Armenian, in government educational institutions, in accordance with educational guidelines, or any other language in private educational institutions. Second: define the scope of the term “official language” and how to apply the provisions of this article law includes:
A. issuing the official gazette in both languages.
B. Speech, conversation and expression in official domains, like the parliament, and the Council of Ministers, courts, and official conferences, in either of the two languages.
A recognition of official documents and correspondence in the issuance of official documents with them.
D the opening of schools in both languages and in accordance with educational guidelines.
E – Any other areas that require the principle of equality, such as banknotes, passports, stamps.
Third: The Federal agencies and institutions in the province of Kurdistan use both languages.
Fourth: The Turkmen language and Syriac language are two other official languages in the administrative units in which they constitute density of population.
Fifth: Each region or governorate may adopt any other local language, an additional official language, if the majority of its population in a public referendum.
Article (5):
The law is sovereign, the people are the source of authority and legitimacy, exercised by direct, secret ballot and its constitutional institutions.
المادة (6): Article (6):
Government should be rotated peacefully through democratic means stipulated in this Constitution.
Article (7):
First: Any entity or program that adopts racism, terrorism, ethnic cleansing or atonement, or incites, facilitates, glorifies, promotes, or justify it, especially Saddam’s Baath in Iraq and its symbols, under any name whatsoever, shall not be within the political pluralism in Iraq, and this shall be regulated by law.
Second: The State is committed to fighting terrorism in all its forms, and works to protect its territory from being a base or pathway or field for terrorist activities.
Article (:
Iraq takes care of the principles of good neighborliness, adhere to non-interference in the internal affairs of other countries, and seeks to resolve disputes by peaceful means, establish relations on the basis of common interests and reciprocity, and respect its international obligations.
Article (9):
First: a made up the Iraqi armed forces and security services of the components of the Iraqi people, taking into consideration their balance and representation without discrimination or exclusion, and are subject to the leadership of the civil authority, defend Iraq, do not be a tool to oppress the Iraqi people, and does not interfere in political affairs, have no role in the devolution of power.
B prohibits the formation of military militias outside the framework of the armed forces.
C may not be the Iraqi armed forces and their personnel, including military personnel working in the Ministry of Defense or any subordinate departments or organizations, may not stand for election to political office, they shall not do election campaigning for candidates, and no participation in other activities forbidden by the regulations Ministry of Defence, This ban includes the activities of those individuals mentioned above acting in their personal or professional, but does not include their right to vote in the elections.
D the Iraqi National Intelligence Service to collect information, assess threats to national security, and provide advice to the Iraqi government, and shall be under civilian control, and is subject to legislative oversight, and works in accordance with the law, and under the principles of human rights recognized.
E – the Iraqi government to respect and implement Iraq’s international obligations to prevent the proliferation and development, production and use of nuclear weapons, chemical and biological weapons, and prevents anything related to the development, manufacture, production and use of equipment, materials, technology and communication systems for.
Second: The service shall be regulated by law.
Article (10):
The holy shrines and religious sites in Iraq, religious and cultural entities, the State is committed to maintain and protect their sanctity and ensure the practice of rites freely in them.
Article (11):
Baghdad is the capital of the Republic of Iraq.
Article (12):
First: A law shall regulate the Iraqi flag, emblem and national anthem that symbolizes the components of the Iraqi people.
Second: A law shall regulate, Medals, official holidays, religious and national occasions and the Hijri and Gregorian calendar.
Article (13):
First: This Constitution is the supreme and highest law in Iraq, and shall be binding throughout the whole country, without exception. Second: No law may be enacted is inconsistent with this Constitution, shall be considered null text contained in the constitutions of the provinces, or any other legal text that contradicts him.
Part II
Rights and Freedoms
Chapter I
(Rights)
First: civil and political rights
Article: (14):
Iraqis are equal before the law without discrimination because of sex, race or national origin, color, religion, sect, belief or opinion, or economic or social status.
Article (15):
Everyone has the right to life, liberty and security, shall not be deprived of these rights or have them restricted except in accordance with the law and based on a decision of a competent judicial authority.
Article (16):
Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this.
Article (17):
First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals.
Second: The sanctity of the home is inviolable and may not be entered or searched or violated except by judicial decision, and in accordance with the law.
Article (18):
First: An Iraqi is anyone born to an Iraqi father or an Iraqi mother.
Second: Iraqi nationality is the right of every Iraqi and is the basis of their citizenship.
Third: a drop prohibits Iraqi citizenship from an Iraqi by birth for any reason, and those who shot down the right to reclaim it, and this is regulated by law.
To withdraw the Iraqi citizenship from naturalized citizens in cases stated by law.
Fourthly: It is permissible for multiple nationality Iraq, and on who would assume sovereign position or a senior, security must abandon any other acquired nationality, and shall be regulated by law.
Fifth: Iraqi citizenship shall not be granted for the purposes of a policy of population settlement disrupting the demographic makeup in Iraq.
VI: The provisions of the Law of Nationality, and consider the claims arising from the competent courts.
Article (19):
First: The judiciary is independent and no power other than the law.
Second: no crime or punishment except by law, and no punishment except for an act that the law considers the time of committing a crime, can not be applied heavier than the punishment allowed at the time of the crime.
Third: Litigation shall be protected and guaranteed for all.
Fourth: The right to defense is holy and guaranteed in all stages of the investigation and trial.
Fifth: The accused is innocent until proven guilty in a fair legal trial, and prosecuted the defendant for the same crime again after release, with him only if new evidence emerged.
Sixth: Every person has the right to be treated fairly in the judicial and administrative proceedings.
VII: Meetings of the courts shall be public unless the court decides to make them secret.
Eighth: Punishment is personal.
Ninth: Laws shall not apply retroactively unless otherwise provided, this exception does not include laws of taxes and fees.
Tenth: The Penal Code does not apply retroactively only if the benefit of the accused.
Eleventh: The court shall appoint an attorney to defend defendants charged with a felony or misdemeanor who does not have a lawyer to defend him, at the expense of the state.
Twelfth: a reservation is prohibited.
. B may not be imprisonment or detention in places other than those designated for that according to prison laws covering health and social care and subject to the State authorities.
Thirteenth: The preliminary investigative documents to the competent judge within a period not exceeding twenty-four hours from the time of the arrest of the accused, and may be extended only once for the same period.
Article (20):
Citizens, both men and women, the right to participate in public affairs, and enjoy political rights, including the right to vote and the nomination.
Article (21):
First: Iraqi shall be surrendered to foreign entities and authorities.
Second: regulating the right of political asylum to Iraq by law, may not be extradited for political refugee to a foreign entity or returned forcibly to the country from which he fled.
Third: does not grant political asylum to a person accused of committing international or terrorist crimes, or all of the right to harm Iraq.
Second: Economic, Social and Cultural Rights
Article (22):
First: Work is a right for all Iraqis so as to ensure them a dignified life.
Second: The law regulates the relationship between workers and employers on economic basis, taking into account the rules of social justice.
Third: The State guarantees the right to form trade unions and professional associations, or accession thereto, and shall be regulated by law.
Article (23):
First: Private property is inviolable, and the owner is entitled to use and exploit and dispose of, within the law.
Second: No property may be expropriated except for purposes of public benefit in return for just compensation, and shall be regulated by law.
Third: A. Iraqi has the right to own property anywhere in Iraq, no other person may possess immovable assets, except as exempted by law.
B prohibits ownership for the purpose of demographic changes.
Article (24):
The State shall guarantee freedom of movement for workers, goods and Iraqi capital between the regions and governorates, and this is regulated by law.
Article (25):
The State shall guarantee the reform of the Iraqi economy according to modern economic bases, including that ensures complete investment of its resources, diversifying its sources, and encourage the private sector and development.
Article (26):
The State guarantees to encourage investment in various sectors, and this is regulated by law.
Article (27):
First: Public property is inviolable and its protection is the duty of every citizen.
Second: A law shall regulate the provisions for the conservation and management of State properties and conditions of their disposal, and the border may not be relinquished any of these funds.
Article (28):
First: do not impose taxes and fees are not adjusted, not collected, or exempted, except by law.
II: low-income earners shall be exempted from taxation, to ensure that no prejudice to the minimum necessary for a living, and this is regulated by law.
Article (29):
First: a family-based society, the state should preserve its integrity and ethical and religious values and national levels.
B. The State guarantees the protection of motherhood, childhood and aging, and care of children and youth and provide suitable conditions for the development of their talents and abilities.
Second: Children have the right to upbringing, care and education, parents have the right to their children to respect and care, especially in times of need, disability and old age.
Third: Economic exploitation is prohibited for children in all, the state shall take measures to protect them.
Fourth: to prevent all forms of violence and abuse in the family, school and community.
Article (30):
First: The State shall guarantee to the individual and family especially children and women, social security and health, and basic requirements for living in a free and dignified lives, provide them with suitable income and appropriate housing.
Second: The State shall guarantee social and health security to Iraqis in cases of old age, illness or incapacity for work, homelessness, orphanage or unemployment, and work to protect them from ignorance, fear and poverty, and provide them housing and special programs of care and rehabilitation, and this is regulated by law.
Article (31):
First: Each Iraqi has the right to health care, and the state public health and ensure means of prevention and treatment by building different types of hospitals and health institutions.
Second: Individuals and entities to build hospitals, clinics or private clinics, and under the supervision of the State, shall be regulated by law.
Article (32):
State cares for the disabled and people with special needs, and guarantees their rehabilitation to integrate them in society, and this shall be regulated by law.
Article (33):
First: Every individual has the right to live in safe environmental conditions.
Second: The State guarantees the protection of the environment, biodiversity and conservation.
Article (34):
First: Education is the basis for the progress of society and the right guaranteed by the state, which is compulsory at the primary level, and the state guarantees fighting illiteracy.
Second: Free education is a right for all Iraqis in all its stages.
Third: The State encourages scientific research for peaceful purposes that serve humanity, and it promotes excelling, creativity and innovation and the various manifestations of excellence.
Fourth: Private and national education is guaranteed, and regulated by law.

Chapter II
(Freedoms)

Article (35):
First: a freedom and human dignity shall be inviolable.
B. No one shall be detained or investigated unless by judicial decision.
C prohibits all kinds of psychological and physical torture and inhumane treatment, and does not count any confession extracted by force or threats or torture, and the injured party may seek compensation for material damage and moral injury in accordance with the law.
Second: The State guarantees the protection of the individual from coercion intellectual, political and religious.
Third: Forced labor (forced labor), slavery and the slave trade (slavery), and prohibits trafficking in women and children, and sex trafficking.
Article (36):
State shall ensure, without prejudice to public order and morality:
First: The freedom of expressing opinion by all means.
Second: the freedom of the press, printing, advertising, media and publishing.
III: Freedom of assembly and peaceful demonstration, organized by law.
Article (37):
First: The freedom to form associations and political parties, or to join it, guaranteed, and is regulated by law.
Second: No one shall be compelled to join any party or association or political entity, or force him to continue his membership in it.
المادة (38): Article (38):
Freedom of communication and correspondence, postal, telegraphic, telephonic, electronic and other means is guaranteed, and may be monitored or spied upon or revealed except for legal and security necessity and by judicial decision.
Article (39):
Iraqis are free in their adherence to their personal status according to their religions, sects, beliefs, or choices, and regulated by law.
Article (40):
Everyone has freedom of thought, conscience and belief.
Article (41):
First: The followers of every religion and sect are free in:
A practice of religious rites, including the Husseini rituals.
B administration of religious endowments and their affairs and their religious institutions, and shall be regulated by law.
Second: The State guarantees freedom of worship and the protection of places.
Article (42):
First: Each Iraqi has freedom of movement and travel and residence within Iraq and outside it.
Second: No Iraqi may be exiled, or deported, or deprived from returning to the homeland.
Article (43):
First: The state is keen to strengthen the role of civil society institutions, and support, development and independence in accordance with peaceful means to realize legitimate goals, and this is regulated by law.
Second: The state is keen to advance Iraqi tribes and clans, and cares about their affairs in accordance with religion, law, and promote the noble human values, which contribute to community development, and prevent the tribal customs, which are incompatible with human rights.
Article (44):
Not restrict the exercise of any of the rights and freedoms set forth in this Constitution or by law or identified, but building it, that does not affect the selection and restriction essence of the right or freedom.

Part III
Federal authorities

Article (45):
Made up the federal authorities, from the legislative, executive and judicial, shall exercise their competencies and tasks on the basis of the principle of separation of powers.

Chapter One
Legislative authority

المادة (46): Article (46):
The federal legislative power shall consist of the House of Representatives and the Federation Council.
First: The Council of Representatives
Article (47):
First: The Council of Representatives consists of a number of members at a proportion of one seat per one hundred thousand people from the population of Iraq, representing the entire Iraqi people and are elected by direct secret general ballot, and take care to represent all groups of people.
Second: A candidate for membership of the Council of Representatives must be a fully qualified Iraqi.
Third: A law shall regulate the conditions for candidates and voters and everything related to the election.
Fourth: The elections law aims to achieve a representation for women of not less than a quarter of the number of members of the House of Representatives.
Fifth: The Council of Representatives will promulgate a law dealing with replacing of its members on resignation, dismissal or death.
VI: Do not permissible to combine membership of the House of Representatives, and any action, or other official position.
Article (48):
Members of the Council of Representatives was sworn before the Council, before starting their work, as the following: (I swear by God Almighty, that I will discharge my functions and responsibilities, legal, dedication and sincerity, and preserve the independence and sovereignty of Iraq, and safeguard the interests of his people, and stay up for the safety of land, sky, water, wealth and its democratic federal system, and I’m working on the maintenance of public and private freedoms, the independence of the judiciary, and pledge to implement legislation by honestly and impartially, and God is my witness).
Article (49):
The Council of Representatives shall establish its bylaws to regulate its work.
Article (50):
First: The Council of Representatives shall decide the validity of the membership of its members, within thirty days from the date of filing an objection, two-thirds majority of its members.
Second: The decision may be challenged before the Federal Supreme Court within thirty days from the date of its issuance.
Article (51):
First: Sessions of the Council Representatives shall be public unless it is necessary to do otherwise.
Second: Minutes of meetings are published by means considered appropriate by the Council.
Article (52):
Invite the President of the Republic of the House of Representatives to convene by a presidential decree within fifteen days from the date of approval of the general election results, and the meeting will be held under the chairmanship of the oldest member, to elect a president and two deputies, may not be extended for more than the period mentioned above.
Article (53):
House of Representatives shall be elected in the first session its president, then a first deputy and second deputy, by an absolute majority of Council members by direct secret ballot.
Article (54):
First: The electoral term of the Council of Representatives shall be four calendar years, starting with the first session and ending by the end of the fourth year.
Second: The election of new Council of Representatives before the forty-five days from the date of the end of the previous election cycle.
Article (55):
House of Representatives session of the annual two legislative seasons, running for eight months, the system determines how Anakadahma procedure, it does not end the separation that was convened in which the general budget only after approval.
Article (56):
First: The President of the Republic, or the President of the Council of Ministers, or the President of the Council of Representatives or fifty members of the Council, to call an extraordinary session, and the meeting shall be confined to the issues that necessitated the call to him.
Second: The season may be extended legislative session of the Council of Representatives shall not exceed thirty days, to complete the tasks that require this, at the request of the President, or Prime Minister or the Speaker of the House of Representatives or fifty members of the Council.
Article (57):
First:
A Quorum for sessions of the House of Representatives by an absolute majority of its members.
To take decisions in the Council of Representatives by simple majority, after achieving a quorum, unless otherwise stated.
Second:
A Alqguanbn projects presented by the President of the Republic and the Council of Ministers.
Proposals for laws to be presented by ten members of the House of Representatives, or by one of its specialized committees.
Article (58):
The Council of Representatives, including the following:
First: Enacting federal laws.
Second: Monitoring the performance of the executive branch.
III: Election of the President of the Republic.
Fourth: Regulating the ratification process of international treaties and conventions, the law enacted by a majority of two thirds of the House of Representatives.
Fifth: To approve the appointment of:
A. The President and members of the Federal Court of Cassation, the Chief Public Prosecutor, the President of Judicial Oversight Commission, an absolute majority, on the proposal of the Supreme Judicial Council.
B. Ambassadors and those with special grades, a proposal from the Council of Ministers.
C Chief of Army Staff, and his assistants, who hold the title of division leader and up, and head of the intelligence service, based on a proposal from the Council of Ministers.
VI:
Questioning the president of a republic based on a reasoned request, an absolute majority of the members of the House of Representatives.
B. Relieving the President of the Republic by an absolute majority of the members of the House of Representatives after being convicted by the Federal Supreme Court, in one of the following cases:
1 Violating the constitutional oath.
2 violation of the Constitution.
3 treason.
VII: A member of the Council of Representatives be directed to the Prime Minister and the Ministers, questions on any subject within their specialty, and each of them to answer questions from members, and only the right to comment on the answer.
B may be the twenty-five members at least members of the House of Representatives, propose a general topic for discussion, to clarify the policy and the performance of the Council of Ministers, or a ministry, and submit to the President of the Council of Representatives, and the prime minister or the ministers set a date to come before the House of Representatives to discuss it.
C. A member of the House of Representatives, with the consent of twenty-five members, may direct an interpellation to the prime minister or the ministers, to hold them accountable for the affairs under their specialty, and are not the debate on the inquiry except after at least seven days of its submission.
VIII:
A. The Council of Representatives may withdraw confidence from a minister by absolute majority, is resigning from the date of the withdrawal of confidence may not be raised the subject of confidence in a minister, but according to his wishes, or request signed by fifty members after discussing an interpellation directed to him, nor the Council shall decide on the request only after at least seven days from the date of submission
B
1 for the President of the Republic may submit a request to the Council of Representatives to withdraw confidence from the Prime Minister.
2 House of Representatives, at the request of five (fifth) of its members to withdraw confidence from the Prime Minister, may not be submitted this request except after an interpellation addressed to the President of the Council of Ministers, after at least seven days from submitting the application.
3 Council of Representatives decides the withdrawal of confidence from the Prime Minister by an absolute majority of its members.
C The ministry resigned in case of withdrawal of confidence from the Prime Minister.
D in the case of a vote to withdraw confidence from the Council of Ministers as a whole, continues to head the Council of Ministers and the Ministers in office for the conduct of daily affairs, for a period not exceeding thirty days, until forming a new cabinet in accordance with the provisions of Article (73) of this Constitution.
E House of Representatives, the right to question officials of independent associations in accordance with the procedures relating to the ministers and may remove them by absolute majority.
IX:
To approve a declaration of war and a state of emergency two-thirds majority, based on a joint request from the President of the Republic, the Prime Minister.
To declare a state of emergency for a period of thirty days, extendable after approval each time.
C. The Prime Minister the necessary powers that enable him to run the country during the period of a declaration of war and a state of emergency, and shall regulate these powers, not inconsistent with the Constitution.
D prime minister presents to the Council of Representatives the measures taken and results, during the period of a declaration of war and a state of emergency, within fifteen days from the date of termination.
Article (59):
First: The Council of Ministers the draft general budget bill and the final account to the House of Representatives for approval.
Second: The Council of Representatives may conduct transfers between the sections and chapters of the general budget, and reduce the total amounts, and may, when necessary, propose to the Council of Ministers to increase the total amount of expenditures.
Article (60):
First: define the rights and privileges of the Speaker and his deputies and members of the Council, by law.
Second: A. A member of the Council of Representatives shall enjoy immunity for statements made in the course of the views of the session, and may not be prosecuted before the courts on that.
B may not be arrested on the member during the legislative term unless he is accused of a felony, and with the consent of members by an absolute majority to lift his immunity or if caught red-handed in a felony.
C may not be arrested on the member outside of the legislative term unless he is accused of a felony, and with the consent of the President of the House of Representatives to lift his immunity or if caught red-handed in a felony.

Article (61):
First: The Council of Representatives, by an absolute majority of its members, upon request from third of its members, or a request from the Prime Minister and approval of the President of the Republic, may not be dissolved during the period in question the Prime Minister.
Second: The President of the Republic, upon the dissolution of the House of Representatives, a general election in the country during a maximum period of sixty days from the date of dissolution, the Cabinet is in this case have resigned, and continues to run the daily affairs.
Second: The Council of the Union
Article (62):
A legislative council called (the Federation Council) comprised of representatives from the regions and governorates not organized in a region, regulates the composition, membership conditions and terms of reference, and everything related to it, the law enacted by two thirds of the members of the House of Representatives.

Chapter II
Executive power

Article (63):
Federal executive authority consists, from the President of the Republic, and the Council of Ministers and shall exercise its powers in accordance with the Constitution and the law.
First: The President of the Republic
Article (64):
President of the Republic is the Head of State and the symbol of unity of the nation, represents the sovereignty of the country, and oversees the guarantees of adherence to the constitution, and to maintain Iraq’s independence, sovereignty, unity and territorial integrity, in accordance with the provisions of the Constitution.
Article (65):
The candidate for the Presidency of the Republic must be:
First: An Iraqi by birth from Iraqi parents.
Second: a full-fledged and completed forty years of age.
Third: a good reputation and political experience, known for his integrity, rectitude, justice and devotion to the homeland.
Fourth: is convicted of a crime involving moral turpitude.
Article (66):
First: A law shall regulate the provisions of the nomination for the post of President of the Republic.
Second: A law shall regulate the provisions of a deputy or more for the President.
Article (67):
First: The Council of Representatives shall be elected from among the candidates a president of the Republic, two-thirds majority of its members.
Second: If no candidate receives the required majority, the competition among the candidates obtaining the highest votes, and declared president of the wins a majority of votes in the second ballot.
Article (68):
The President of the Republic, the constitutional oath before the House of Representatives, as stipulated in Article (48) of the Constitution.
Article (69):
First: define the mandate of the President of the Republic four years, and may be re-elected for a second time only.
Second: A. The term of office of President of the Republic for the end of the House of Representatives.
President of the Republic to continue to exercise his duties until after the elections and the new Council of Representatives meeting, to be elected new President of the Republic within thirty days from the date of the first meeting him.
C in the case of the vacancy of the President of the Republic for any reason, a new President is elected to complete the remaining term of the President of the Republic.
Article (70):
The President of the Republic the following powers:
First: To issue a special pardon on the recommendation of the Prime Minister, except in relation to the private right, and convicted of committing international crimes, terrorism and financial and administrative corruption.
Second: To ratify international treaties and agreements, after approval by the House of Representatives, and are considered ratified after fifteen days from the date of receipt.
Third: To ratify and issue the laws enacted by the House of Representatives, and are considered ratified after fifteen days from the date of receipt.
IV: Call elected Council of Representatives to convene within a period not exceeding fifteen days from the date of certification of the election results, and in other cases provided for in the Constitution.
Fifth: To award medals and badges upon recommendation of the Prime Minister, in accordance with the law.
Sixth: To accredit Ambassadors.
Seventh: To issue Presidential decrees.
Eighth: To ratify death sentences issued by the competent courts.
IX: The task of the High Command of the Armed Forces of ceremonial and commemoration purposes.
Tenth: To exercise any other presidential powers stipulated in this Constitution.
Article (71):
The law determines the salary and allowances of the President of the Republic
Article (72):
First: The President of the republic may submit a written resignation to the President of the House of Representatives, and is considered valid after seven days from the date of its submission to the House of Representatives.
Second: The Vice-President of the republic replaces the president during his absence.
Third: The Vice President of the republic replaces the president when the post is vacant for any reason, and to the Council of Representatives has to elect a new president within a period not to exceed thirty days from the date of the vacancy.
Fourth: In case of vacancy of the office of the President, the Speaker of the House of Representatives, will replace the president if there is no deputy for him, that the new President is elected within a period not to exceed thirty days from the date of the vacancy, in accordance with the provisions of this Constitution.
Second: The Council of Ministers
Article (73):
First: The president assigns the candidate of the parliamentary bloc, the most numerous, the formation of the Council of Ministers, within fifteen days from the date of the election of the President of the Republic.
Second: The prime minister-designate, to name members of his ministry, during a maximum period of thirty days from the date of the assignment.
Third: The president assigns, a new candidate for the Presidency of the Council of Ministers within fifteen days, if the prime minister-designate to form the cabinet during the period specified in clause “Second” of this article.
IV: The President of the Council of Ministers in charge, the names of members of his cabinet and its ministerial platform to the Council of Representatives, and considered to have won confidence, upon approval of the individual Ministers and the ministerial program, an absolute majority.
Fifth: The President of the Republic assigning of another candidate to form a cabinet within fifteen days, if not win confidence.
Article (74):
First: It is stipulated in the Prime Minister shall be the President of the Republic, and have a university degree or equivalent, and completed the thirty-fifth year of his age.
Second: A Minister shall be the member of the House of Representatives, and have a university degree or equivalent.
Article (75):
The Prime Minister is the direct executive responsible for the general policy of the state, and commander of the armed forces, the administration of the Cabinet and presides over its meetings, and the right to remove ministers, with the consent of the House of Representatives.
Article (76):
The prime minister and cabinet members, the constitutional oath before the House of Representatives, as stipulated in Article (48) of the Constitution.
Article (77):
The Cabinet shall exercise the following powers:
First: the planning and implementation of the policy of the state, and general plans, and supervise the work of the ministries and departments not associated with the Ministry.
Second: To propose bills.
Third: To issue rules, instructions and decisions, to implement the laws.
Fourth: To prepare the draft budget and final accounts and development plans.
Fifth: To recommend to the House of Representatives, to approve the appointment of deputy ministers, ambassadors and senior officials, and army chief of staff and his assistants, who hold the title of division leader, the Director of National Intelligence, and heads of security agencies.
Sixth: the negotiation of international treaties and conventions, and signed, or authorized.
Article (78):
First: The President of the Republic, the acting prime minister, when the position is empty for any reason.
Second: If the case provided for in clause “First” of this Article, the President of the Republic commissioned another candidate to form a cabinet within a period not exceeding fifteen days, and in accordance with the provisions of Article (73) of this Constitution.
Article (79):
A law shall regulate the salaries and allowances of the President and members of the Council of Ministers, and their grade.
Article (80):
Be the responsibility of the Prime Minister and the Ministers before the Council of Representatives, collective and personal.
Article (81):
First: A law shall regulate the work of security services, the National Intelligence Service, and define its duties and powers, and act in accordance with the principles of human rights, and subject to the supervision of the Council of Representatives.
Second: The National Intelligence Service of the Cabinet.
Article (82):
The Council of Ministers shall establish internal bylaws to organize the work therein.
Article (83):
A law shall regulate the formation of ministries and functions, duties and powers of the minister.

Chapter III
(Judiciary)
Article (84):
The judiciary is independent, and by courts of different kinds and levels, and issue their rulings according to law.
Article (85):
Judges are independent, with no authority over them except that of the law, is not permissible for any authority to interfere in the judiciary or in the affairs of justice.
Article (86):
The federal judiciary, the Supreme Judiciary Council, the Supreme Federal Court, the Federal Cassation Court, the Prosecutor General, the Judiciary Inspection Department and other federal courts that are regulated in accordance with the law.
First: The Supreme Judiciary Council
Article (87):
Supreme Judiciary Council will administer judicial affairs, and law regulates how it is formed, and its terms of reference and rules of action.
Article (88):
Supreme Judiciary Council will exercise the following powers:
First: the administration of justice and supervise the federal judiciary.
Second: To nominate the President and members of the Federal Court of Cassation, the Chief Public Prosecutor, the President of Judicial Oversight Commission, and presented to the House of Representatives to approve the appointment.
Third: To propose the draft annual budget for the federal judiciary, and presenting it to parliament for approval.
Second: The Federal Supreme Court
Article (89):
First: The Federal Supreme Court judicial body, financially and administratively independent.
Second: The Federal Supreme Court shall be composed from a number of judges, experts in Islamic jurisprudence, and legal scholars, whose number and manner of selection, and the work of the Court, the law enacted by a majority of two thirds of the House of Representatives.
Article (90):
Court, including the following:
First: Oversight of the constitutionality of laws and regulations in force.
Second: the interpretation of provisions of the Constitution.
Third: Chapter in the issues that arise from the application of federal laws, resolutions, regulations, instructions, and procedures issued by the federal authority, the law guarantees the right of the Council of Ministers, stakeholders, individuals and others, the right of direct appeal to the Court.
Fourth: Settling disputes that arise between the federal government and regional governments, governorates, municipalities, and local administrations.
Fifth: Settling disputes that arise between the governments of the regions or provinces.
VI: Chapter in accusations against the President of the Republic, the Prime Minister and Council of Ministers, and shall be regulated by law.
Seventh: Ratify the final results of general elections for membership of the House of Representatives.
VIII:
A chapter in the conflict of jurisdiction between the federal judiciary, and judicial bodies of the regions and governorates not organized in a region.
B. Settling competency disputes between judicial institutions of the provinces, or governorates that are not organized in a region.
Article (91):
Federal Supreme Court’s decisions are final and binding for all authorities.
Third: General Provisions
Article (92):
Prohibits the establishment of special courts or special.
Article (93):
The law regulates the establishment of courts, their kinds, and degrees, and competencies, and how the appointment of judges and their service, and public prosecutors, their discipline, and retirement.
Article (94):
Judges can not be removed except in cases specified by law, as determined by law, rules pertaining to them, and shall regulate their disciplinary measure.
Article (95):
Forbidden for a judge and a member of the prosecution:
First: The combination of the judicial function, and functions of legislative, executive, and any other work.
Second: Joining any party or political organization or engage in any political activity.
Article (96):
A law shall regulate military judiciary and shall specify the jurisdiction of military courts, which are limited to crimes of a military nature committed by members of the armed forces, security forces, and within the limits prescribed by law.
Article (97):
Any provision of the law on the immunity of any administrative action or decision of the appeal.
Article (98):
. Permissible by law, establish a state council, assume the functions of administrative judiciary, casuistic, drafting, and representing the State, and other public bodies, before the courts, except those exempted by law.

Chapter IV
Independent bodies
Article (99):
The High Commission for Human Rights, the Independent Higher Commission for Elections and the Integrity Commission, independent bodies, under the control of the House of Representatives, and its governing law.
Article (100):
First: Each of the Central Bank of Iraq, and the Office of Financial Supervision, and the media and communications, and the Endowment Commissions, bodies, financially and administratively independent, and the law regulates the work of each of them.
Second: The Central Bank of Iraq responsible before the Council of Representatives and the Office of Financial Supervision, and the media and communications the House of Representatives.
Third: The Endowment Commissions shall be attached to the Cabinet.
Article (101):
Establish a body called the Martyrs Foundation, linked to the Council of Ministers, and organizes its work and mandate law.
Article (102):
Establish a public body to ensure the rights of the regions and governorates not organized in a region, in fair participation in the management of state institutions of the various federal, missions, fellowships, delegations and regional and international conferences, and consists of representatives of the federal government, the regions and governorates not organized in a region, and be regulated by law.
Article (103):
Established by a law, a public body to monitor and allocate federal revenues, and shall be composed of experts from the federal government and the regions and governorates and representatives, and assume the following responsibilities:
First: To verify the fair distribution of grants, aid and international loans pursuant to the entitlement of the regions and governorates not organized in a region.
Second: Check the best use of federal financial resources and sharing.
Third: To ensure transparency and justice when allocating money to the governments of the regions or governorates that are not organized in a region, according to the percentages of assessments.
Article (104):
A council, called the federal public service council, shall regulate the affairs of the federal public service, including appointment and promotion, and regulates the composition and terms of reference of the law.
Article (105):
May establish other independent associations according to need and necessity and by law.

Part IV
Powers of the Federal
Article (106):
Federal authorities shall preserve the unity of Iraq, its integrity, independence and sovereignty and its democratic federal system.
Article (107):
The federal authorities the following exclusive powers:
First: Formulating foreign policy and diplomatic representation, negotiating international treaties and conventions, and policies of borrowing and the signature and conclusion, and economic policy and trade foreign sovereign.
II: development of national security policy and implementation, including establishing and managing armed forces, to ensure the protection and security of the borders of Iraq, and defend it.
Third: Formulating fiscal policy, and customs, issuing currency, regulating commercial policy across regional and governorate boundaries in Iraq, setting the general budget of the State, formulating monetary policy and the establishment of the Central Bank, and his administration.
Fourth: Regulating standards, weights and weights.
V.: Regulation of issues of nationality and naturalization, residence and asylum rights.
Sixth: Regulating the policies of broadcast frequencies and mail.
Seventh: Drawing up the draft general budget and investment.
Eighth: Plan policies relating to water sources from outside Iraq and guaranteeing levels of water flow to him and equitable distribution within Iraq, according to the laws and international norms.
تاسعاً :ـ الاحصاء والتعداد العام للسكان. IX: the general census of the population.

Article (108):
Oil and gas is the king of all the Iraqi people in all the regions and governorates.

Article (109): First: The federal government will administer oil and gas extracted from current fields in cooperation with the governments of producing regions and provinces, that the revenues will be distributed fairly commensurate with the demographic distribution all over the country, with the share of fixed-term of the affected regions, and that it was denied an unfair way by the former regime, which had been damaged after a way that ensures balanced development in different parts of the country, and this shall be regulated by law.
Second: The federal government and governments of producing regions and provinces together will draw up the necessary strategic policies to develop oil and gas wealth, in order to achieve the highest benefit to the Iraqi people, relying most modern techniques of market principles and encouraging investment.
Article (110):
The following duties will be shared between the federal and regional authorities:
First: To manage customs, in coordination with the governments of the regions and governorates not organized in a region, and this is regulated by law.
Second: To regulate the main electrical energy sources and distribution.
Third: To formulate environmental policy to ensure the protection of the environment from pollution and the preservation of its cleanliness, in cooperation with the regions and governorates not organized in a region.
Fourth: To formulate development policies and overall planning.
Fifth: To formulate public health policy, in cooperation with the regions and governorates not organized in a region.
Sixth: To formulate educational and instructional policy in consultation with the regions and governorates not organized in a region.
Seventh: To formulate the policy of inland water resources, and organization to ensure a fair distribution to them, and this is regulated by law.
Article (111):
All that is not stipulated in the exclusive powers of the federal authorities, the authority of the regions and governorates not organized in a region, and other powers shared between the federal government and the regions, the priority given to the law of the regions and governorates not organized in a region, in the event of disagreement between them.

Part V
Regional authorities

Chapter One
Territories
Article (112):
The federal system in the Republic of Iraq from the capital, regions, decentralized provinces and local administrations.
Article (113):
First: This Constitution shall enter into force when the province of Kurdistan and its existing authorities, a federal region.
Second: This Constitution shall affirm new regions established in accordance with its provisions.
Article (114):
Enacted in the House of Representatives for a period not exceeding six months from the date of its first session, a law that defines the executive procedures for the establishment of regions, a simple majority of members present.
Article (115):
Each province or more, to form a region at the request of a referendum, which presented in one of two ways:
First: The request of one third members of each of the boards of the governorates intending to form a region.
Second: The request of ten voters in each of the governorates intending to form a region.
Article (116):
Each region shall have a constitution, defines the structure of the regional authorities, and powers, and mechanisms for the exercise of those powers, that does not conflict with this Constitution.
Article (117):
First: The regional authorities, the right to practice legislative, executive and judiciary, in accordance with the provisions of this Constitution, except what is listed as exclusive powers of the federal authorities.
Second: the right to the authority of the region, modify the application of federal law in the province, in the case of a contradiction or conflict between federal law and the law of the province, regarding the issue does not fall within the exclusive powers of the federal authorities.
Third: be allocated to the regions and governorates fair share of the revenues collected federally, that suffices their duties and responsibilities, taking into account the resources and needs, and the percentage of their population.
Fourth: set up offices for the regions and governorates in embassies and diplomatic missions, to follow the cultural and social affairs and development.
Fifth: The government is responsible for the region all that is required to manage the region, and in particular establishing and organizing internal security forces to the region, such as the police and security guards of the region.

Chapter II
(Provinces that have not Taatniz in the province)
Article (118):
First: The governorates shall be made from a number of districts, counties and villages.
Second: Governorates that are not incorporated in the territory of the powers extensive administrative and financial, to enable it to manage its affairs in accordance with the principle of administrative decentralization, and this is regulated by law.
Third: The governor, who is elected by the Governorate Council, the highest executive president in the province, for the exercise of his powers authorized by the Board.
Fourth: A law shall regulate the election of the provincial council, the governor, and their powers.
Fifth: The Governorate Council shall not be subject to the control or supervision of any ministry or any institution not linked to the Ministry shall have independent finances.
Article (119):
Permissible to delegate the powers of the federal government to the provinces, or vice versa, with the consent of the parties, and shall be regulated by law.

ا Chapter III
(DC)
Article (120):
First: Baghdad in its municipal borders, the capital of the Republic of Iraq, and represent the province of Baghdad with its administrative boundaries.
Second: The law regulates the status of the capital.
Third: The capital may not be joined to a region.

Chapter IV
(Local administrations)
Article (121):
This constitution guarantees the administrative, political, cultural and education of the various nationalities, including Turkmen, Chaldeans, Assyrians, and the other components, and is regulated by law.

Part VI
Final and Transitional Provisions

Chapter One
(Final Provisions)

Article (122):
First: The President of the Republic and the Cabinet together, or to five (fifth) Members of the House of Representatives, the proposal to amend the Constitution.
Second: may not be modified the basic principles contained in Part I, and the rights and freedoms set forth in Part II of the Constitution, except after two consecutive parliament, and subject to the approval of two thirds of the House of Representatives, the consent of the people in a general referendum and the endorsement of President of the Republic within seven days.
Thirdly: There may be amended other materials not provided for in clause “Second” of this Article, only after the approval of two thirds of the House of Representatives, the consent of the people in a general referendum and the endorsement of President of the Republic within seven days.
Fourthly: It is permissible to make any amendment to the articles of the Constitution, would detract from the powers of the regions that are not included within the exclusive powers of the federal authorities, but with the consent of the legislative authority of the concerned region, and the approval of the majority of population in a referendum.
Fifth:
. A. An amendment is considered ratified by the President of the Republic after the expiration of the period stipulated in clause “Second” and “Third” of this article, in the absence of ratification.
B. An amendment is effective from the date of its publication in the Official Gazette.
Article (123):
The President of the Republic, the President and members of the Council of Ministers, and Chairman of the House of Representatives and his deputies and members, and members of the judiciary, and those with special grades may not use their influence to buy or rent any state funds or that receive reward or sell any of their money, or that Ikadoha by or to conclude a contract with the State as committed, suppliers, or contractors.
Article (124):
The promulgation of laws and judicial rulings are the name of the people.
Article (125):
Laws are published in the Official Gazette, and in effect from the date of publication, unless stipulated otherwise.
Article (126):
Existing laws shall remain in force, unless annulled or amended in accordance with the provisions of this Constitution.
Article (127):
Every referendum mentioned in this constitution to be successful with the consent of majority voting, unless otherwise stated.

Chapter II
(Transitional Provisions

Article (128):
First: The State shall guarantee, care for families of the martyrs, political prisoners, and those affected by the practices of the defunct dictatorial regime.
Second: The State guarantees compensation to the families of martyrs and injured as a result of terrorist acts.
Third: The law shall regulate matters mentioned in clauses “First” and “Second” of this Article.
Article (129):
The Board of Deputies in its first session the bylaws of the Transitional National Assembly until it adopts its own bylaws.
Article (130):
Continue Supreme Iraqi Criminal Tribunal shall function as the independent judicial body, in view of the crimes of the defunct dictatorial regime and its symbols, and the House of Representatives repealed the law, after the completion of its work.
Article (131):
First: connect the Supreme National Commission for de-Baathification its operations as an independent body, in coordination with the judiciary and executive bodies in the framework of the laws governing the work, and linked to the Council of Representatives.
Second: The Council of Representatives can dissolve the committee after completing their mission, by absolute majority.
III: The candidate for the post of President of the Republic, the President and members of the Council of Ministers, the President and members of the House of Representatives, the President and members of the Federation Council, the sites corresponding to the regions, and members of judicial bodies, and other positions covered by the de-Baathification, and according to law, to be not covered by the provisions of de-Baathification .
Fourth: The conditions stated in clause “Third” of this article, unless the authority will set out in clause “First” of this article.
Article (132):
First: The Property Claims Agency will continue its operations as an independent body, in coordination with the judiciary and executive bodies, in accordance with the law, and linked to the Council of Representatives.
Second: The Council of Representatives can dissolve the two-thirds majority of its members.
Article (133):
Rules in articles concerning the Council of Union wherever they appear in this constitution, pending a decision of the House of Representatives, two-thirds majority, in its second cycle following the entry into force of this Constitution.
Article (134):
First: The phrase (Presidential Council) replaces the phrase (President of the Republic) wherever it appears in this constitution, and regulations concerning the President of the Republic, after the session and one subsequent to the entry into force of this Constitution.
Second: The Council of Representatives shall elect a President of the State and two Vice Presidents who shall form a council called the Council (Chair), is elected by one list and two-thirds majority.
To apply provisions to remove the President of the Republic, as contained in this Constitution, the President and members of the Presidency.
C. The Council of Representatives can remove any member of the Presidency Council, three-fourths majority of its members, because of lack of competence or integrity.
D in the case of a vacant seat in the Presidency Council, the Council of Representatives shall elect two-thirds of its members a substitute.
Third: A member of the Presidency, what is required for a member of the House of Representatives, to be:
A completed forty years of age.
B. Enjoy good reputation, integrity and honesty.
C has left the dissolved party ten years before its fall, if he was a member.
D that does not have participated in suppressing the uprising in 1991, or the Anfal, or have committed a crime against the Iraqi people.
Fourth: The Presidency Council shall take its decisions unanimously, and any member may delegate to one of the other two members in his place.
Fifth:
A send laws and resolutions passed by the House of Representatives, to the Presidency Council, for approval by consensus, and issued within ten days from the date of receipt, except as provided in Articles (114) and (115) of this Constitution, relating to the formation of regions.
B in the case of the Presidency Council does not approve, the laws and resolutions shall be returned to the House of Representatives to reconsider the disputed issues, and voting upon the majority, and sent again to the Presidential Council for approval.
C in the case of the Presidency Council does not approve the laws and resolutions again, within ten days from the date of their arrival, they returned to the House of Representatives, which has to be approved by a majority of three fifths of its members, non-objection, and is certified by.
Sixth: The Presidency Council shall exercise the powers of the President, as provided for in this Constitution.
Article (135):
The Chairman of the Council of Ministers two deputies in the first electoral cycle.
Article (136):
First: The executive authority shall take the necessary steps to complete implementation of the requirements of Article (58) of the Iraqi State Administration Law for the transitional period, with all its clauses.
Second: The responsibility placed upon the executive authority of the Transitional Government, as set out in Article (58) of the Code of the State Administration of Iraq for the Transitional Period, extend and continue to the executive authority elected in accordance with this Constitution, provided that it accomplishes completely (normalization and census and concludes with a referendum in Kirkuk and other disputed areas to determine the will of the people) in a maximum period of thirty-atheist of December two thousand and seven years old.
Article (137):
Continue to work laws that were legislated in Kurdistan since 1992, and decisions issued by the Kurdistan Regional Government, including contracts and court decisions to take effect, unless they are voided or amended according to the laws of the Kurdistan Region, by the competent authority in, and were not violation of this Constitution.
Article (138):
The Law of the State Administration of Iraq for the transitional phase, and its supplement, the new government, except as provided in paragraph (a) of Article (53) and (58) thereof.
Article (139):
This Constitution shall enter into force after approval by the people in a general referendum, its publication in the Official Gazette, and the formation of the Government thereunder.

Article (140)

First – The executive authority shall take the necessary steps to complete implementation of the requirements of Article (58) of the Iraqi State Administration Law for the transitional period, with all its clauses.

Secondly – the responsibility entrusted to the executive authority of the Transitional Government, as set out in Article (58) of the Code of the State Administration of Iraq for the Transitional Temtdotstmr to the executive branch Alentbp under this Constitution, provided that it accomplishes completely (normalization and census and concludes with a referendum in Kirkuk and other areas disputed territories to determine the will of the people) in a maximum period of atheist Thirty of the month of December, two thousand and seven.

Article (141)

Continue to work laws that were legislated in Kurdistan since 1992, and decisions made by the Government of the Kurdistan region _ including contracts and court decisions _ to take effect, unless they are voided or amended according to the laws of the Kurdistan Region, by the competent authority in, and were not violation of this Constitution.

Article (142)

First – The Council of Representatives at the beginning of its work a committee of its members to be representative of the main components of Iraqi society, a mission of providing Trier to the House of Representatives, within a period not to exceed four months, includes a recommendation for the necessary amendments that can be done to the Constitution, and the committee shall be dissolved after the decision on their proposals.

Article (143)

The Law of the State Administration of Iraq for the transitional phase, and its supplement, the new government, except as provided in paragraph (a) of Article (53) and (58) thereof.

Article (144)

This Constitution shall enter into force after approval by the people in a general referendum, its publication in the Official Gazette, and the formation of the Government thereunder.

Comments