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Draft Constitution for New
IRAQ

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Chapter I
The Republic of Iraq
Definition

Article 1
The Republic of Iraq Form

  1. The Republic of Iraq is a parliamentary, sovereign and democratic republic. All entities of the Republic of Iraq must yield to these principles.
  2. This Constitution is the supreme law of the Republic of Iraq; it is directly binding on all Republic of Iraq authority. The general rules of public international law constitute an integral, inviolable part of the national law.

Article 2
The Republic of Iraq Citizens and Language

  1. Citizens of the Republic of Iraq are all humans who are children of a citizen of the Republic of Iraq, who are born in the Territory of the Republic of Iraq, or who are naturalized.
  2. The official language in the Republic of Iraq is the Arabic Language. The Kurdish language or any other language shall be the official language besides the Arabic language in a region where ever decided by the people of the region.

Article 3
The Republic of Iraq Symbols, Motto & Capital

  1. The Republic of Iraq has the National Colors, Flag, Seal, and the National Anthem.
  2. The Republic of Iraq Motto is "Liberty, Equality, Justice and Solidarity."
  3. The capital of the Republic of Iraq is Baghdad.

Chapter II
The Republic of Iraq Objectives

Article 4
General Constitutional Objectives

  1. The Republic of Iraq promotes justice and universal protection of human rights as individual rights. The Republic of Iraq encourages fraternity among its citizens by establishing solidarity, general welfare, and national unity.
  2. The Republic of Iraq acknowledges the right of the People to national autonomy and self-determination, and the right of minorities to group autonomy.
  3. The Republic of Iraq promotes:
    (a) public health care;
    (b) education and schooling;
    (c) schemes for social welfare;
    (d) preservation and development of culture;
    (e) preservation and maintenance of historical and religious objects;
    (f) environmental protection, intergenerational equity, and the protection of nature for its intrinsic value including the protection of nature's right;
    (g) Natural and social sciences.

Article 5
Republic of Iraq Security

  1. The Republic of Iraq promotes worldwide peace. Acts undertaken to prepare war or to otherwise disturb the peaceful relations between nations are unconstitutional.
  2. The Republic of Iraq takes adequate measures to preserve its integrity even in the state of war or civil war.
  3. The Republic of Iraq protects the People against terrorism, extremism, and catastrophes.

Chapter III
The Republic of Iraq Organization

Part 1
General Organization

Article 6
Elections

  1. Absent of special provisions, elections are universal, direct, free, equal, and secret.
  2. Elections are always free and equal.
  3. Elections are always secret if a person eligible to vote or be elected so demands.
  4. Elected representatives are only bound by their conscience. They are servants of all, not only of their constituents.

Article 7
Organizational Principles

  1. The Republic of Iraq separates executive, legislative, and adjudicative powers. Offices in different powers are incompatible with each other. Offices in national entities are incompatible with any public office on a lower level and with any other salaried office, private or public. Political offices are incompatible with active duty in the armed forces.
  2. The Republic of Iraq acknowledges national, regional, and local autonomy.
  3. Autonomy is bound to the principle of democratic organization.

Article 8
Decentralization, Mutual Assistance

  1. Republic of Iraq powers belong to the Regions if not assigned to the national entities by this Constitution.
  2. The Regions are bound to convey powers to the Communes if adequate use of those powers is possible on the local level.
  3. All powers of the Republic of Iraq have to render each other legal and administrative assistance.

Article 9
Regional Council

  1. The regions are represented in the Regional Council.
  2. The Regional Council consists of 200 members. Each region is represented in proportion to its share of citizens eligible to vote; at least by two members.
  3. Members of the Regional Council serve for a term of four years; they may be re-elected once.

Article 10
National Powers

  1. The Republic of Iraq powers belong to the national entities for the following subject matters:
  2. a) Republic of Iraq defense,
    b) foreign relations,
    c)economic regulations,
    d) infrastructure and traffic,
    e) taxation,
    f) solidarity systems,
    g) private, criminal, and procedural law,
    h) educational and other standards,
    i) And all other subject matters which by their very nature or as a corollary to the subjects listed have to be centralized on the national level.

  3. The Republic of Iraq may give up sovereign powers to international or supranational bodies, including systems of mutual collective security and trade organizations, as long as it retains an adequate representation in those bodies and those bodies guarantee sufficient legal protection for the Citizens.

    Part II
    Representation of the Republic of Iraq

    Article 11
    Head of the Republic of Iraq

  1. The President is the head of the Republic of Iraq. He or she has the right of pardon, to conduct foreign affairs, and to all other representative functions of the Republic of Iraq.
  2. The President and Vice-President are elected by the National Parliament with precedence over all other business. Their office ends after four non renewable year term or impeachment.
  3. Every resident citizen with the right to vote who has attained the age of thirty-five is eligible for the office of President or Vice-President.
  4. Before taking office, President and Vice-Presidents take the following Oath or Affirmation: "I do solemnly swear that I will faithfully execute this office, honoring and protecting the Constitution of the Republic of Iraq."
  5. The President shall not be held accountable for actions performed in the exercise of his office except in the case of high treason, may be indicted only by the National Parliament, and shall be tried only by the Supreme Court.

    Part III
    Executive Power

    Article 12
    National Government, President

  1. The executive power of the Republic of Iraq is vested in the national Government. It includes diplomatic affairs.
  2. The President is the head of the National Government. The President chooses the National Ministers. The National Parliament approves the National Ministers by majority of the votes.
  3. The President is Commander in Chief of the Armed Forces.

    Article 13
    Impeachment

    An impeachment of the President by the National Parliament takes the form of a new presidential election.

    Article 14
    Regional Equalization of Finances

    The Republic of Iraq provides for an overall equalization of finances, giving due consideration to the regions' respective debts, burdens, economic power, and infrastructural responsibilities.

    Part IV
    Legislative Power

    Article 15
    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 a majority of the votes cast (simple majority) unless this Constitution provides otherwise.

    Article 16
    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 17
    Lawmaking Process

  1. Bills can be introduced only by the Members of Parliament 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.
  3. Articles ( ), ( ) and ( ) of this constitution shall not be deleted or altered.
  4. Articles ( ), ( ) and ( ) of this constitution may be deleted or altered subject to referandum.
  5. Laws altering this Constitution require two thirds of the absolute votes of the Members of Parliament. All laws are void if they are unconstitutional.
  6. Laws have to specify their effective date. They are countersigned without scrutiny by the Parliamentary President and promulgated in the Official National Publication.
  7. Bills can be submitted to a referendum if provided by parliamentary decision or as part of the initiative.

    Article 18
    Budget

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

    Article 19
    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 have to be revoked by the President.

    Article 20
    National Ordinances

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

    Article 21
    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 22
    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.

    Part V
    Adjudicative Power

    Article 23
    Independent Courts

  1. The adjudicative power is vested in independent courts.
  2. Judges are citizens elected by the parliament. They are independent. Their office ends at time of retirement or when they lose their electoral rights.

    Article 24
    Supreme Court

  1. The Supreme Court decides issues involving this Constitution. In particular, the Supreme Court has jurisdiction over:

    a)disputes between Republic of Iraq entities concerning their respective rights and duties under this Constitution;
    b)challenges of a national or regional entity, a Court in the course of its determination, or a third of the Members of Parliament against the constitutionality of a law;
    c)claims of individuals regarding violations of their constitutional rights;
    d)popular complaints about the violation of fundamental rights;
    e)challenges of an act of a Republic of Iraq power by the Ombudsman;
    f)cases on appeal from National Courts as the Supreme Court deems necessary to review;
    g)All other cases assigned to its jurisdiction by law.
  2. Decisions of the supreme court are directly binding for all entities of the Republic of Iraq.
  3. The office of Supreme Court Justices does not exceed a period of 15 years.

    Article 25
    National Courts

  1. National courts have supreme jurisdiction over review and other matters assigned to it by law.
  2. Separate national courts shall be established for private law, penal law, and general public law.
  3. The supreme court decides by extraordinary review in cases of inconsistent application of the law by different national courts.

    Chapter IV
    Fundamental Rights

    Part I
    General Provisions

    Article 26
    Human Rights

  1. The Republic of Iraq acknowledges liberty and equality of all humans.
  2. Human dignity must be respected in any case.
  3. Everyone is free to do or not to do whatever he or she chooses. Everyone is responsible for acts freely chosen.
  4. The Republic of Iraq ensures that the quality of an Iraqi shall never be held in doubt because of faith, belief or presumed loyalty.
  5. People have rights for no other reason than that they exist as individual human beings. These rights are not a gift from others.
  6. Slavery is abolished.

    Article 27
    Applicability

  1. Fundamental rights apply to natural persons, domestic and foreign, who are assigned these rights. They apply to legal persons, domestic and foreign, where, and to the extent that, the nature of the rights permits.
  2. Fundamental rights are inviolable and inalienable. They include the freedom not to make use of them. Their exercise may, in single instances, be waved by free and responsible declaration of the rightholder, but such declaration is never binding for future instances.

    Part II
    Liberties and Property

    Section I
    Integrity

    Article 28
    Personal Integrity

  1. Everyone has the right to life and bodily integrity.
  2. Everyone has the right to remain free.
  3. All citizens are free to reside anywhere in, move throughout, enter, and leave the Territory.
  4. Capital and corporal punishment are abolished.
  5. Torture is prohibited.

    Article 29
    Property Integrity and Related Rights

  1. Everyone has the right to acquire, own, possess, exclusively use, and convey private property.
  2. Property may not be taken without due compensation.

    Article 30
    Right to Testify and Inherit

    Everyone has the right to testify and inherit.

    Section II
    Religious Freedom

    Article 31
    Freedom of Religion and Belief

  1. Everyone has the right to choose and practice his or her religion, creed, conscience, faith, confession, and belief.
  2. Everyone can refuse to give religious instructions.

    Section III
    Freedom of Communication

    Article 32
    Freedom of Expression and Information

  1. Everyone has the right to freely express and disseminate his or her opinions.
  2. The Freedom of the press and other media is guaranteed.
  3. Everyone has the right to freely retrieve information from publicly available sources.
  4. Censorship is abolished.

    Article 33
    Right to Assemble and Associate

  1. Everyone has the right to peacefully assemble.
  2. Everyone has the right to associate with others. This includes association in political parties.
  3. Every adult has the right to marry one partner.

      Article 34
      Right to Privacy

  1. Everyone has the right to privacy.
  2. The home is inviolable.
  3. The privacy of letters as well as the secrecy of mail and telecommunication is inviolable.

    Section IV

    Freedom of Profession and Activities

    Article 35
    Freedom of Profession

  1. All citizens have the right to freely choose their occupation, their place of work, and their place of study or training.
  2. There is no duty to work. Forced labor is prohibited.

    Article 36
    Freedom of Research, Science, and Teaching

  1. Everyone has the right to research and conduct science.
  2. Everyone has the right to perform arts.
  3. Everyone has the right to teach and to found private schools.

    Section V

    Political Rights

    Article 37
    Electoral Rights

  1. All resident adults have the equal right to vote and to be elected. In national elections, only citizens have this right.
  2. There is no compulsory voting.
  3. Anyone who has attained the age of eighteen years is an adult.

    Article 38
    Right to Petition

    Everyone has the right to address written petitions to the competent agencies, to governments, and to parliaments.

    Article 39
    Freedom of Citizenship

  1. Citizens can at any time give up their citizenship.
  2. Citizens may at no time be forced to give up their citizenship.

    Article 40
    Right to Self-Determination and Resistance

  1. Everyone has the right to collective self-determination including the right to decide about membership in regional or local entities. The Republic of Iraq guarantees these rights through adequate powers of decentralized regional and local governments.
  2. All citizens have the right to civil disobedience and resistance against attempts to abolish this constitutional order, should no other remedy be available.

    Article 41
    Right to Found Political Parties

  1. Everyone has the right to found political parties respecting the principles of the Constitution, sovereignty, and democracy.
  2. Everyone is free to carry on political activities in or with such parties.

    Section VI
    Other Liberties

    Article 42
    Freedom of Procreation and Childbearing

  1. Everyone has the right to procreation.
  2. Parents have the right to bringing up and educating their children. They have the right to decide about their children's participation in religious instructions.

    Part III
    Equality

    Article 43
    Equality

  1. All humans are equal before the law.
  2. Matrimonial equality and legitimacy equality are guaranteed.
  3. All citizens are equally eligible for public office according to their professional aptitude.

    Article 44
    Prohibition of Discrimination and Privileges

  1. No person may be discriminated against or privileged on the basis of sex, gender, origin, race, language, parentage, creed, faith, or nobility.
  2. Measures for the advancement of persons are admissible to remedy past discrimination.

    Article 45
    Abolishment of Nobility

    No title of nobility is granted by the Republic of Iraq. Titles of nobility are no longer part of the family name.

    Part IV
    Right to Protection

    Article 46
    Special Protection

  1. Protection of human dignity is a duty of the Republic of Iraq.
  2. The institution of marriage has the special protection of the Republic of Iraq.
  3. Families, mothers, and minors have the special protection of the Republic of Iraq.
  4. Everyone persecuted on political grounds has the right to asylum.

    Part V Welfare Rights

    Article 47
    Special Support

  1. Everyone has the right to livelihood, health care, shelter, and education.
  2. Mothers have the special support of the Republic of Iraq.

      Part VI
      Procedural Rights

      Article 48
      Access to courts

  1. Everyone has free recourse to the courts.
  2. Everyone has the right to a constitutional judge. Extraordinary courts are not allowed.
  3. Persons and groups have recourse to the court acting for other rightholders not being in a position to seek relief in their own name.

    Article 49
    Fair Trial

  1. Everyone has the right to a fair trial. Evidence obtained illegally is inadmissible. Everyone has the right of access to all Republic of Iraq information required for the exercise or protection of any of his or her rights.
  2. No one may be deprived of life, liberty, or property without due process of law.
  3. No law shall be passed stipulating regulations of the past without due compensation for all losses.

    Article 50
    Criminal Justice

  1. No act may be punished unless it constituted a criminal offence under the law before having been committed.No one may be punished for the same act more than once .
  2. Only judges may indict or summons persons or issue warrants for arrest, search, or seizure.
  3. Everyone accused or arrested enjoys the right:
  4. (a) to a speedy and public trial,
    (b) to be presumed innocent until proven guilty,
    (c) not to be a witness against himself,
    (d) promptly to be informed about the reason of accusation or detention and about the right to be silent,
    (e) to counsel for defense,
    (f) to communicate with next-of-kin, partner, and legal, medical, and religious counselor,
    (g) to be released no later than 24 hours after the arrest if not further detained after court hearing, and
    (h) To redress in case of false imprisonment.

  5. Liability for punishment is individual and never collective.


    Article 51
    Prohibition of Extradition

    No citizen may be extradited to a foreign country.

    Chapter V
    Individual Restrictions

    Part I
    General Provisions

    Article 52
    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. Under no circumstances may the essence of a fundamental right be infringed.

  3. Any restriction must apply generally and not solely to an individual case.

    Article 53
    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

    rticle 54
    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 55
    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 desires not to serve is liable to compensate the community.

    Part III
    Burdens

    Article 56
    Taxation

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

    Article 57
    Mandatory Insurance

    The Republic of Iraq establishes the requirements for mandatory insurance.

    Part IV
    Republic of Iraq Monopolies

    Article 58
    Monopolies on objects

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

    Article 59
    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 60
    Forfeiture of Rights

  1. Persons and 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 61
    Deprivation of Electoral Rights

    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:

  1. 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@yahoo.com, All rights reserved.
Revised: .