Draft Constitution for New
IRAQ

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Part IV Legislative Power

Article 16 National Parliament

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

Article 17 Rights of Members of Parliament

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

Article 18 Lawmaking Process

  1. Bills can be introduced only by the Members of Parliament, on third of the regional council's members or by one percent or more of the citizens (Public initiative). Bills can specify the additional requirement of a public referendum after they have been voted upon.
  2. The Regional Council has to be informed immediately of any bill introduced. Members of the Regional Council have the right to be heard during sessions according to the same rules as govern the participation of Members of Parliament but with no right of voting.
  3. Articles or items of this constitution may be deleted, added or altered by the votes of absolute two thirds of the Members of Parliament followed by a referendum. No change shall be valid before getting the absolute majority of the votes in the referendum.
  4. All laws require the absolute majority of votes of the parliament members. All laws are void if they are unconstitutional.
  5. Laws have to specify their effective date. They are countersigned without scrutiny by the Parliamentary President and promulgated in the Official National Publication.
  6. Bills can be submitted to a referendum if provided by parliamentary decision or as part of the initiative.

Article 19 Budget

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

Article 20 Treaties

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

Article 21 National Ordinances

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

Article 22 State of Emergency

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

Article 23 Ombudsman

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

 

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