Draft Constitution for New
IRAQ

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Chapter V Individual Restrictions

Part I General Provisions

Article 53 Admissible Restrictions

  1. The Republic of Iraq can apply restrictions on individual rights only for the purpose of protecting individual rights of other persons or furthering other Republic of Iraq interests explicitly mentioned in this Constitution.
  2. Any restriction on individual rights must be competent and narrowly tailored to further the constitutional interest. Such restriction must be an adequate means to achieve the purpose of furthering the constitutional interest. In no case may the essence of a fundamental right be infringed.
  3. Any restriction must apply generally and not solely to an individual case.
  4. Freedom of opinion and media may not be restricted at any time.

Article 54 Special Restrictions

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

Part II Duties

Article 55 General Duties

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

Article 56 Civil Service

 

  1. Every citizen of age serves one year in the Armed Forces, in the unarmed civil services, or in equivalent non-profit services.
  2. Whoever is unwilling to serve is liable to compensate the community.

Part III Burdens

Article 57 Taxation

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

Article 58 Mandatory Insurance

The Republic of Iraq establishes the requirements for mandatory insurance.

Part IV Republic of Iraq Monopolies

Article 59 Monopolies on objects

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

Article 60 Monopolies on activities

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

Part V Forfeiture of Fundamental Rights

Article 61 Forfeiture of Rights

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

Article 62 Deprivation of Electoral Rights

  1. By final court order, the right to vote and to be elected can, partially or at large, temporarily or unlimited, be suspended if an adult has not the requisite mental capacity for any legal responsibility or,
  2. Has irrevocably been sentenced to at least one year of imprisonment.

 

Published 02/17/1999
Copyright © 1998 dijlafurat, All rights reserved.
Revised: 10/ 06/ 1999.