Federal government of Iraq: Difference between revisions

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-Most of this article was derived from the Washington Post's translation (http://www.washingtonpost.com/wp-dyn/content/article/2005/10/12/AR2005101201450.html) of the 2005 Constitution of Iraq. The Washington Post is considered to be of sound integrity, and the translation is claimed to have been "translated from the Arabic by the United Nation's Office for Constitutional Support, and the translation was approved by the Iraqi government." Therefore, it serves as an excellent starting point for this article.
--->{{Politics of Iraq}}
-The '''[[Federalism|federal]] [[government]] of [[Iraq]]''' is defined under the current [[Constitution of Iraq|Constitution]] as an [[Islam|Islamic]],<ref>[[Constitution of Iraq]], Section 1, Article 2</ref> [[Representative democracy|democratic]], [[Federation|federal]] [[Parliamentary system|parliamentary]] [[republic]].<ref>[[Constitution of Iraq]], [http://www.washingtonpost.com/wp-dyn/content/article/2005/10/12/AR2005101201450.html Section 1, Article 1]</ref> The federal government is composed of the [[Executive branch|executive]], [[Legislative branch|legislative]], and [[judicial branch|judicial]] branches, as well as numerous independent commissions.
-==Federalism in Iraq==
-{{main|Federalism in Iraq}}
-===Federalism Law===
-Article 114 of the Constitution of Iraq provided that no new region may be created before the Iraqi National Assembly has passed a law which provides the procedures for forming the region. [http://www.niqash.org/intern/getBin.php?id=367 A law] was passed in October 2006 after an agreement was reached with the [[Iraqi Accord Front]] to form the constitutional review committee and to defer implementation of the law for 18 months. Legislators from the [[Iraqi Accord Front]], [[Sadrist Movement]] and [[Islamic Virtue Party]] all opposed the bill.<ref>{{cite news | title=Iraqi parliament approves federal law | url=http://today.reuters.co.uk/news/CrisesArticle.aspx?storyId=IBO145418&WTmodLoc=World-R5-Alertnet-4 | work=Reuters | date=[[2006-10-11]] | accessdate=2008-04-18 }}</ref>
-====Creating a new region====
-Under the [[Federalism]] Law a region can be created out of one or more existing [[Governorates of Iraq|governorates]] or two or more existing regions. A governorate can also join an existing region to create a new region. There is no limit to the number of governorates that can form a region, unlike the [[Law of Administration for the State of Iraq for the Transitional Period|Transitional Administrative Law]] of the [[Iraqi Interim Government]] which limited it to three.
-A new region can be proposed by one third or more of the council members in each affected governorate plus 500 voters or by one tenth or more voters in each affected governorate. A referendum must then be held within three months, which requires a simple majority in favour to pass.
-In the event of competing proposals, the multiple proposals are put to a ballot and the proposal with the most supporters is put to the referendum.
-In the event of an affirmative referendum a Transitional Legislative Assembly is elected for one year, which has the task of writing a constitution for the Region, which is then put to a referendum requiring a simple majority to pass.
-The President, Prime Minister and Ministers of the region are elected by simple majority, in contrast to the [[Iraqi National Assembly]] which requires two thirds support.
-==Legislative branch==
-The legislative branch is composed of the [[Council of Representatives of Iraq|Council of Representatives]] and the [[Federation Council of Iraq|Federation Council]].<ref>[[Constitution of Iraq]], Section 3, Chapter 1, Article 46</ref>
-===Council of Representatives===
-{{main|Council of Representatives of Iraq}}
-The Council of Representatives is the main elected body of Iraq. The Constitution defines the "number of members at a ratio of one representative per 100,000 Iraqi persons representing the entire Iraqi people."<ref>[[Constitution of Iraq]], Section 3, Chapter 1, Article 47</ref> The members are elected for terms of 4 years.<ref>[[Constitution of Iraq]], Section 3, Chapter 1, Article 54</ref>
-The council elects the [[President of Iraq]]; approves the appointment of the members of the Federal Court of Cassation, the Chief Public Prosecutor, and the President of Judicial Oversight Commission on proposal by the Higher Juridical Council; and approves the appointment of the Army Chief of Staff, his assistants and those of the rank of division commanders and above, and the director of the intelligence service, on proposal by the Cabinet.<ref>[[Constitution of Iraq]], Section 3, Chapter 1, Article 58</ref>
-===Federation Council===
-{{main|Federation Council of Iraq}}
-The Federation Council is composed of representatives from the regions and the governorates that are not organized in a region. The council is regulated in law by the Council of Representatives.<ref>[[Constitution of Iraq]], Section 3, Chapter 1, Article 62</ref>
-==Executive branch==
-The executive branch is composed of the [[President of Iraq|President]] and the [[Council of Ministers of Iraq|Council of Ministers]].<ref>[[Constitution of Iraq]], Section 3, Chapter 2, Article 63</ref>
-===President===
-{{main|President of Iraq}}
-The President of the Republic is the [[head of state]] and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution."<ref>[[Constitution of Iraq]], Section 3, Chapter 2, Article 64</ref> The President is elected by the Council of Representatives by a two-thirds majority,<ref>[[Constitution of Iraq]], Section 3, Chapter 2, Article 67</ref> and is limited to two four-year terms.<ref>[[Constitution of Iraq]], Section 3, Chapter 2, Article 69</ref> The President ratifies treaties and laws passed by the Council of Representatives, issues [[pardon|pardons]] on the recommendation of the [[Prime Minister of Iraq|Prime Minister]], and performs the "duty of the Higher Command of the armed forces for ceremonial and honorary purposes."<ref>[[Constitution of Iraq]], Section 3, Chapter 2, Article 70</ref>
-====Presidency Council====
-{{main|Presidency Council of Iraq}}
-The Presidency Council is an entity currently operating under the auspices of the "transitional provisions" of the Constitution. According to the Constitution, the Presidency Council functions in the role of the President until one successive term after the Constitution is ratified<ref>[[Constitution of Iraq]], Section 6, Chapter 2, Article 134</ref> and a government is seated.<ref>[[Constitution of Iraq]], Section 6, Chapter 2, Article 139</ref>
-===Council of Ministers===
-{{main|Prime Minister of Iraq|Council of Ministers of Iraq}}
-The Council of Ministers is composed of the [[Prime Minister of Iraq|Prime Minister]] and his [[cabinet]]. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet.<ref>[[Constitution of Iraq]], Section 3, Chapter 2, Article 73</ref> The Prime Minister is the direct executive authority responsible for the general policy of the State and the [[commander-in-chief]] of the armed forces, directs the Council of Ministers, and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives.<ref>[[Constitution of Iraq]], Section 3, Chapter 2, Article 75</ref>
-The cabinet is responsible for overseeing their respective ministries, proposing laws, preparing the budget, negotiating and signing international agreements and treaties, and appointing undersecretaries, ambassadors, the Chief of Staff of the Armed Forces and his assistants, Division Commanders or higher, the Director of the National Intelligence Service, and heads of security institutions.<ref>[[Constitution of Iraq]], Section 3, Chapter 2, Article 77</ref>
-==Judicial branch==
-The federal judiciary is composed of the [[Supreme Judicial Council of Iraq|Supreme Judicial Council]], the [[Supreme Court of Iraq|Supreme Court]], the [[Court of Cassation of Iraq|Court of Cassation]], the [[Public Prosecution Department of Iraq|Public Prosecution Department]], the [[Judiciary Oversight Commission of Iraq|Judiciary Oversight Commission]], and other federal courts that are regulated by law.<ref>[[Constitution of Iraq]], Section 3, Chapter 3, Article 86</ref>
-===Higher Judicial Council===
-{{main|Supreme Judicial Council of Iraq}}
-The Supreme Judicial Council manages and supervises the affairs of the federal judiciary.<ref>[[Constitution of Iraq]], Section 3, Chapter 3, Article 88</ref> It oversees the affairs of the various judicial committees,<ref>[[Constitution of Iraq]], Section 3, Chapter 3, Article 87</ref> nominates the Chief Justice and members of the Court of Cassation, the Chief Public Prosecutor, and the Chief Justice of the Judiciary Oversight Commission, and drafts the budget of the judiciary.<ref>[[Constitution of Iraq]], Section 3, Chapter 3, Article 88</ref>
-===Supreme Court===
-{{main|Supreme Court of Iraq}}
-The Supreme Court is an independent judicial body that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final [[court of appeals]], settles disputes amongst or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.<ref>[[Constitution of Iraq]], Section 3, Chapter 3, Article 90</ref>
-==Independent commissions and institutions==
-The [[High Commission for Human Rights]], the [[Independent Electoral High Commission]], and the [[Commission on Public Integrity]] are independent commissions subject to monitoring by the Council of Representatives.<ref>[[Constitution of Iraq]], Section 3, Chapter 4, Article 99</ref> The [[Central Bank of Iraq]], the [[Board of Supreme Audit]], the [[Communications and Media Commission]], and the [[Endowment Commission]] are financially and administratively independent institutions.<ref>[[Constitution of Iraq]], Section 3, Chapter 4, Article 100</ref> The [[Foundation of Martyrs]] is attached to the Council of Ministers.<ref>[[Constitution of Iraq]], Section 3, Chapter 4, Article 101</ref> The [[Federal Public Service Council]] regulates the affairs of the federal public service, including appointment and promotion.<ref>[[Constitution of Iraq]], Section 3, Chapter 4, Article 104</ref>
-==See also==
-* [[Politics of Iraq]]
-* [[Regions of Iraq]]
-* [[Governorates of Iraq]]
-==References==
-<references/>
-[[Category:Government of Iraq| ]]