Iraq: Constitution

An interim constitution was adopted in 1990. According to the constitution, the people in Iraq are the source of authority. Legislative power is vested in an elected legislature, executive power in a president and Council of Ministers, and judicial power in an independent judiciary. In practice, executive powers are exercised by the Revolutionary Command Council (RCC), which also shares legislative power with the National Assembly. Combining executive and legislative authority, the RCC has the power to promulgate laws until the election of a National Assembly. The RCC declares public mobilization totally or partially, declares war, accepts truce, and concludes peace. It ratifies the draft general budget of the state, treaties, and international agreements. The Council also supervises the work of the cabinet and all other state institutions.

The constitution specifies the powers of the president of the republic in Article 57. The president is the head of the state and the supreme commander of the armed forces. He exercises the executive authority directly or by the assistance of his deputies and ministers. He preserves the independence, territorial integrity, and the internal and external security of the country. He declares the state of total and partial emergency and ends it according to the law. He appoints the vice presidents of the republic and relieves them of their posts. He appoints the governors, the judges, and all civil and military state employees, promotes them, and terminates their services. He elaborates on the draft state budget. He conducts negotiations, concludes agreements and international treaties, accepts the diplomatic and international representatives in Iraq, issues special amnesty, ratifies judgements of capital punishment, and supervises the good enforcement of the constitution and the laws.

According to the constitution, the judiciary is independent and the right of litigation is ensured to all Iraqi citizens.

The constitution bases the Iraqi government on socialist political values. Work is a right protected by the state. Private property is allowed, as long as it does not contradict general economic planning done by the state. It can only be taken away with just compensation and for public interest. Foreign nationals may not own real estate. The state assumes the responsibility for planning and steering the national economy to establish “the socialist system on scientific and revolutionary foundations” and to realize “the economic Arab unity.” It states that the people own national resources and basic means of production.

Equality before law and equality of opportunity are guaranteed by the state. Articles 20 through 26 are about civil rights, like the right to trial and defense, freedom of religion, freedom of opinion, publication, meeting, demonstrations, formation of political parties, syndicates, and societies in accordance within the limits of the law. “The state ensures the considerations necessary to exercise these liberties, which comply with the revolutionary, national, and progressive trend.” Any activity “against the objectives of the people” is prohibited.

The state also “guarantees the right of education, free of charge, in its primary, secondary, and university stages, for all citizens” (Article 27). Education, according to the constitution, “has the objective of raising and developing the general educational level, promoting scientific thinking, animating the research spirit, responding to exigencies of economic and social evolution and development programs, creating a national, liberal and progressive generation, strong physically and morally, proud of his people, his homeland and heritage, aware of all his national rights, and who struggles against the capitalistic ideology, exploitation, reaction, Zionism, and imperialism for the purpose of realizing the Arab unity, liberty, and socialism” (Article 28).

A two-thirds majority of the Revolutionary Command Council (RCC) may modify the constitution. An amendment in 1974 gave autonomy to the Kurds within the territorial unity of Iraq. The constitution recognizes the legitimate rights of all minorities within Iraqi unity. It states that the Iraqi people are composed of the Arab and the Kurdish nations.

In 1995, a constitutional amendment was endorsed by the RCC, whereby the elected chairman of the RCC would assume the presidency of the republic subject to the approval of the National Assembly and by a national referendum.

For more information, please see Iraq - Constitution weblinks