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Excerpts of the Iraqi Constitution / / Media Department of the House of Representatives
By: management of the Centre
Date: Monday, 01/30/2012 18:55
its a bit long but if you want to know how thew do things here it is
Some good stuff around paragraph 57 and on
Part II
The rights and freedoms
Chapter I
[Rights]
Section I: civil and political rights
Article (14):
Iraqis are equal before the law without discrimination because of race, sex, or national or ethnic origin, color, religion, sect, belief or opinion, or economic or social status.
Article (15):
Everyone has the right to life, liberty and security, nor be deprived of these rights or restricted except in accordance with the law, and based on a decision issued by a court of competent jurisdiction.
Article (16):
Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this.
Article (17):
First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals.
Second: The sanctity of the home is inviolable and may not be entered or searched or violated except by judicial decision, and in accordance with the law.
Article (18):
First: Iraqi nationality is a right for every Iraqi and is the basis of their citizenship.
Second: The Iraqi everyone who is born to an Iraqi father or an Iraqi mother, and shall be regulated by law.
Third, a drop of Iraqi nationality is prohibited for an Iraqi by birth for any reason, and may those who dropped his request for retrieval, and regulated by law.
To withdraw the Iraqi citizenship from naturalized citizens in cases prescribed by law.
IV may have multiple sexual Iraqis, and to assume a position of a sovereign or a senior, security must abandon any other acquired citizenship shall be regulated by law.
Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of population settlement disrupting the demographic makeup in Iraq.
Sixth: Citizenship provisions shall regulate by law, is seen in suits arising before the competent courts.
Article (19):
First: The judiciary is independent and no power except the law.
Second, no crime or punishment except by law and no punishment except for an act that the law considers as guilty of a crime, and may not apply the death penalty is heavier than the force at the time of the crime.
Third: The right to litigate is guaranteed to all.
Fourth: The right to defense is holy and guaranteed in all stages of the investigation and trial.
Fifth: The accused is innocent until proven guilty in a fair, legal trial, the accused shall not be tried for the same crime again after his release, but if new evidence emerged.
Sixth: Every person has the right to be treated fairly in the judicial and administrative proceedings.
Seventh: The proceedings of courts shall be public unless the court decides to make them secret.
Eighth: Punishment shall be personal.
Ninth: Laws shall not have retroactive effect unless otherwise provided, this exception does not include laws of taxes and fees.
Tenth: Criminal laws shall not retroactively only if the benefit of the accused.
Eleventh: The court shall appoint an attorney to defend the accused of a felony or misdemeanor who does not have a lawyer to defend him, and at the expense of the state.
Twelfth: a reservation is prohibited.
B. No person may arrest or detention in places not designated for that purpose, according to prison laws covering health and social care and subject to the State authorities.
Thirteenth: The preliminary investigative documents to the competent judge within a period not exceeding twenty-four hours from the time of the arrest of the accused, and may be extended only once for the same period.
Article (20):
Citizens, both men and women, the right to participate in public affairs, and the enjoyment of political rights, including the right to vote and run for office.
Article (21):
First: Iraqi shall be surrendered to foreign entities and authorities.
Second, regulating the right of political asylum to Iraqi law, nor political refugee may be extradited to a foreign entity or returned forcibly to the country which he fled.
Third, does not grant political asylum to a person accused of committing international or terrorist crimes, or all of the inflicted damage on Iraq.
Section II: Economic, Social and Cultural Rights
Article (22):
First: Work is a right for all Iraqis to ensure them a dignified life.
Second: The law regulates the relationship between workers and employers on economic basis, taking into account the rules of social justice.
Third: The State guarantees the right to form trade unions and professional associations, or accession to, and shall be regulated by law.
Article (23):
First: Private property is protected, and the owner is entitled to use, exploit and dispose of them, within the law.
Second: Expropriation is not permissible except for purposes of public benefit in return for fair compensation, and shall be regulated by law.
Third:
A Iraqi has the right to own property anywhere in Iraq, and others may possess immovable assets, except as exempted
By law.
To prohibit ownership for the purposes of demographic change.
Article (24):
The State shall guarantee freedom of movement for workers, goods and capital between the regions and governorates, and this shall be regulated by law.
Article (25):
The State shall guarantee the reform of the Iraqi economy according to modern economic bases, to ensure the full investment of its resources, diversifying its sources, and encourage the private sector and development.
Article (26):
State guarantees to encourage investments in various sectors, and this shall be regulated by law.
Article (27):
First: Public property is inviolable and its protection is the duty of every citizen.
Second: The law shall regulate the rules for the protection of State properties, management and disposal conditions, and the limits that may not be relinquished none of these funds.
Article (28):
First: do not impose taxes and fees are not adjusted, and collected, or exempted, except by law.
Second: Low income earners shall be exempted from taxes in a way as to maintain the minimum required for living
Regulated by law.
Article (29):
First:
A family is the basis of society and the state should preserve its integrity and values of religious, moral and national levels.
B. The State shall guarantee the protection of motherhood, childhood and old age, and care of children and youth and provide suitable conditions for the development of their talents and abilities.
Second: Children have the right to their parents in the education, care and education, and to the right of parents to their children to respect and care, especially in times of need, disability and old age.
Third, prohibits economic exploitation of children in all, the State shall take measures for their protection.
Fourth, to prevent all forms of violence and abuse in the family, school and community.
Article (30):
First: The State shall guarantee to the individual and family, especially children and women, social security and health, and basic requirements for living in a free and dignified lives, provide them with suitable income and appropriate housing.
Second: The State shall guarantee social and health security to Iraqis in cases of old age, sickness, employment disability, homelessness, orphanhood, unemployment, and work to protect them from ignorance, fear and poverty, and provide them housing and special programs of care and rehabilitation, and this shall be regulated by law.
Article (31):
First: Each Iraqi has the right to health care, and the state of public health, and ensure the means of prevention and treatment by building different types of hospitals and health institutions.
Second: Individuals and organizations to build hospitals, clinics or private clinics, and under the supervision of the State and shall be regulated by law.
Article (32):
The State shall promote handicapped and those with special needs, and guarantees their rehabilitation to integrate them in society, and this shall be regulated by law.
Article (33):
First: Every individual has the right to live in safe environmental conditions.
Second: The State guarantees the protection of the environment, biodiversity and conservation.
Article (34):
First: Education is the basis for the progress of society and the right guaranteed by the state, which is compulsory in primary school, and the state guarantees fighting illiteracy.
Second: Free education is a right for all Iraqis in all its stages.
Third: The State shall encourage scientific research for peaceful purposes in order to serve humanity, and it promotes excelling, creativity and innovation and the various aspects of ingenuity.
Fourth: Private and public education is guaranteed, and regulated by law.
Article (35):
The State shall promote cultural activities and institutions in line with Iraq's history, civilization, culture, and is keen to adopt a genuine Iraqi cultural orientations.
Article (36):
Exercise the right of every individual, and the State to encourage and sponsor activities, and provide for their requirements.
Chapter II
[Freedoms]
Article (37):
First:
A freedom and human dignity shall be inviolable.
B. No one shall be arrested or investigated unless by judicial decision.
C. All forms of psychological and physical torture and inhumane treatment, and does not count any confession extracted under duress, threat or torture, and the injured party to claim compensation for material damage and moral injury in accordance with the law.
Second: The State shall protect the individual from coercion, intellectual, political and religious.
Third, deprived of forced labor (forced labor), slavery and the slave trade (slavery), and prohibits the trafficking of women and children, and sex trafficking.
Article (38):
The State shall ensure, without prejudice to public order and morality:
First: The freedom of expressing opinion by all means.
Second, freedom of the press, printing, advertising, media and publishing.
Third, freedom of assembly and peaceful demonstration, organized by law.
Article (39):
First: The freedom to form associations and political parties, or to join it, guaranteed, and this shall be regulated by law.
Second: No one shall be compelled to join any party or association or political entity, or force him to continue his membership in it.
Article (40):
Freedom of communication and correspondence, postal, telegraphic, telephonic, electronic and other guaranteed and may not be monitored, wiretapped or disclosed except for legal and security necessity and by judicial decision.
Article (41):
Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs or choices, and this shall be regulated by law.
Article (42):
Everyone has the freedom of thought, conscience and belief.
Article (43):
First: The followers of every religion and sect are free in:
A religious practice, including the Husseini rituals.
To manage its affairs and endowments and religious institutions, and shall be regulated by law.
Second: The State shall guarantee freedom of worship and the protection of places.
Article (44):
First: Each Iraqi has freedom of movement and travel, and residence inside and outside Iraq.
Second: No Iraqi may be exiled, displaced, or deprived from returning home.
Article (45):
First: The State is keen to strengthen the role of civil society institutions, and support, development and independence in accordance with peaceful means to achieve their legitimate goals, and this shall be regulated by law.
Second: The State is keen to advance Iraqi tribes and clans, and attend to their affairs in line with religion and the law, and promote the noble human values, which contribute to community development, and prohibit the tribal traditions, which are incompatible with human rights.
Article (46):
Not restrict the exercise of any of the rights and freedoms set forth in this Constitution or identified only by law or upon it, that does not affect the identification and essence of the right or restriction of freedom.
First: The freedom to form associations and political parties, or to join it, guaranteed, and this shall be regulated by law. Second: No one shall be compelled to join any party or association or political entity, or force him to continue his membership in it.
First: Each Iraqi has the right to health care, and the state of public health, and ensure the means of prevention and treatment by building different types of hospitals and health institutions. Second: Individuals and organizations to build hospitals, clinics or private clinics, and under the supervision of the State and shall be regulated by law.
First: Work is a right for all Iraqis to ensure them a dignified life. Second: The law regulates the relationship between workers and employers on economic basis, taking into account the rules of social justice. Third: The State guarantees the right to form trade unions and professional associations, or accession to, and organizes by law. First: Private property is protected, and the Landlord may use, exploit and dispose of them, within the law. Second: Expropriation is not permissible except for purposes of public benefit in return for fair compensation, and shall be regulated by law. Third: A. Iraqi has the right to own property in the anywhere in Iraq, and others may possess immovable assets, except as exempted by law. to prohibit ownership for the purposes of demographic change. The State shall guarantee freedom of movement for workers, goods and capital between the regions and governorates, and this shall be regulated by law. The State shall guarantee the reform of the Iraqi economy in accordance with criteria modern economic and to ensure that the full investment of its resources, diversifying its sources, and encourage the private sector and development.
Iraqis are equal before the law without discrimination because of sex, race or national or ethnic origin, color, religion, sect, belief or opinion, or economic or social status. Everyone has the right to life, security and liberty may not be deprived of these rights or restricted except in accordance with the law, Based on the decision issued by a court of competent jurisdiction. Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this. First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals. Second: The sanctity of the home is protected and may not be entered or searched or violated except judicial decision, and in accordance with the law. First: Iraqi nationality is a right for every Iraqi and is the basis of their citizenship. Second: An Iraqi is anyone born to an Iraqi father or an Iraqi mother, and shall be regulated by law. Third, a drop prohibits Iraqi citizenship from an Iraqi by birth for any reason. of reasons, and may those who dropped his request for retrieval, and regulated by law. to withdraw the Iraqi citizenship from naturalized citizens in cases prescribed by law. IV may have multiple sexual Iraqis, and the one who holds sovereign senior, security or abandonment of any nationality other acquired and regulated by law. Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of population settlement disrupting the demographic makeup in Iraq. Sixth: Citizenship provisions shall regulate by law, is seen in suits arising before the competent courts.
Iraqis are equal before the law without discrimination because of sex, race or national or ethnic origin, color, religion, sect, belief or opinion, or economic or social status. Everyone has the right to life, security and liberty may not be deprived of these rights or restricted except in accordance with the law, Based on the decision issued by a court of competent jurisdiction. Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this. First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals. Second: The sanctity of the home is protected and may not be entered or searched or violated except judicial decision, and in accordance with the law. First: Iraqi nationality is a right for every Iraqi and is the basis of their citizenship. Second: An Iraqi is anyone born to an Iraqi father or an Iraqi mother, and shall be regulated by law. Third, a drop prohibits Iraqi citizenship from an Iraqi by birth for any reason. of reasons, and may those who dropped his request for retrieval, and regulated by law. to withdraw the Iraqi citizenship from naturalized citizens in cases prescribed by law. IV may have multiple sexual Iraqis, and the one who holds sovereign senior, security or abandonment of any nationality other acquired and regulated by law. Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of population settlement disrupting the demographic makeup in Iraq. Sixth: Citizenship provisions shall regulate by law, is seen in suits arising before the competent courts.
Iraqis are equal before the law without discrimination because of sex, race or national or ethnic origin, color, religion, sect, belief or opinion, or economic or social status. Everyone has the right to life, security and liberty may not be deprived of these rights or restricted except in accordance with the law, Based on the decision issued by a court of competent jurisdiction. Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this. First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals. Second: The sanctity of the home is protected and may not be entered or searched or violated except judicial decision, and in accordance with the law. First: Iraqi nationality is a right for every Iraqi and is the basis of their citizenship. Second: An Iraqi is anyone born to an Iraqi father or an Iraqi mother, and shall be regulated by law. Third, a drop prohibits Iraqi citizenship from an Iraqi by birth for any reason. of reasons, and may those who dropped his request for retrieval, and regulated by law. to withdraw the Iraqi citizenship from naturalized citizens in cases prescribed by law. IV may have multiple sexual Iraqis, and the one who holds sovereign senior, security or abandonment of any nationality other acquired and regulated by law. Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of population settlement disrupting the demographic makeup in Iraq. Sixth: Citizenship provisions shall regulate by law, is seen in suits arising before the competent courts
Part III
Federal authorities
Article (47):
Federal powers shall consist of the legislative, executive and judicial, shall exercise their competencies and tasks on the basis of the principle of separation of powers.
Chapter One
[Legislative]
Article (48):
The federal legislative power shall consist of the House of Representatives and the Federation Council.
Section I: the House of Representatives
Article (49):
First, the House of Representatives consists of a number of members increased by one seat per one hundred thousand people from the population of Iraq, representing the entire Iraqi people and are elected by direct secret general ballot, and shall represent all groups of people.
Second: A candidate for membership of the Council of Representatives must be fully qualified Iraqi.
Third: A law shall regulate the conditions for candidates and voters and everything related to the election.
Fourth: The elections law shall aim to achieve a representation for women of not less than one-quarter of the members of the House of Representatives.
Fifth: The Council of Representatives shall promulgate a law dealing with the replacement of its members on resignation, dismissal, or death.
... It is not permissible to combine membership of the House of Representatives, and any action, or other official position.
Article (50):
Member of the Council of Representatives was sworn in before the Council, before starting their work, as the following:
(I swear by God Almighty that I will discharge my functions and responsibilities, legal, dedication and sincerity, and preserve the independence and sovereignty of Iraq, and safeguard the interests of the people, and ensure the integrity of the land, sky, water, wealth, and its federal democratic system, and that I am working on the maintenance of public and private freedoms, the independence of the judiciary, and pledge to implement legislation faithfully and impartially, and God is my witness).
Article (51):
The Council of Representatives shall establish its bylaws to regulate its work.
Article (52):
First, the House of Representatives shall decide the validity of the membership of its members, within thirty days from the date of filing an objection, two-thirds majority of its members.
Second: The decision may be challenged before the Federal Supreme Court within thirty days from the date of issue.
Article (53):
First: Sessions of the Council of Representatives shall be public unless it is necessary to do otherwise.
Second, records of meetings are published by means considered appropriate by the Council.
Article (54):
The President of the Republic of the House of Representatives to convene by a presidential decree within fifteen days from the date of approval of the general election results, and the hearing shall be held under the chairmanship of the oldest member of the election of the Speaker and his deputies, may not be extended for more than the period mentioned above.
Article (55):
House of Representatives shall elect at its first sitting president, then a first deputy and second deputy, by an absolute majority of council members by direct secret ballot.
Article (56):
First: The electoral term of the Council of Representatives shall be four calendar years, starting with the first session and ending by the end of the fourth year.
Second: The election of new Council of Representatives before the forty-five days from the date of the end of the previous election cycle.
Article (57):
House of Representatives session of the annual two legislative seasons, running for eight months, determine how the rules of procedure of convening, does not end the separation, which was convened by the general budget only after approval.
Article (58):
First: The President of the Republic, the Prime Minister or President of the Council of Representatives, or fifty members of the Council, to invite the House to an extraordinary session, the meeting shall be confined to the topics that necessitated the call to him.
Second, is to extend the legislative session of the Council of Representatives shall not exceed thirty days, to complete the tasks that require this, at the request of the President, or Prime Minister or President of the Council of Representatives, or fifty members of the Council.
Article (59):
First Quorum of meetings of the House of Representatives by an absolute majority of its members.
Second, decisions are taken in the meetings of the House of Representatives by simple majority after quorum is achieved, unless stated otherwise.
Article (60):
First Alqguanbn projects presented by the President of the Republic and the Council of Ministers.
Second, the proposed laws presented by ten members of the House of Representatives, or by one of its specialized committees.
Article (61):
The Council of Representatives of the following:
First, legislation federal laws.
Second: Monitoring the performance of the executive branch.
Third: the presidential election.
Fourth, the organization of the process of ratification of the treaties and international conventions, the law enacted by a majority of two thirds of the House of Representatives.
Fifth: Approving the appointment of:
A. The President and members of the Federal Court of Cassation, the Chief Public Prosecutor, the President of Judicial Oversight Commission,
Absolute majority, on the proposal of the Supreme Judicial Council.
(B) ambassadors and senior officials, on a proposal from the Council of Ministers.
C Chief of Army Staff, his assistants, who are the rank of division commander and above, and intelligence chief,
Based on a proposal by the Council of Ministers.
VI:
A. Questioning the President of the Republic, upon the request of the cause, by an absolute majority of members of the House of Representatives.
Relieving the President of the Republic, an absolute majority of the members of the House of Representatives after being convicted by the Federal Supreme Court, in one of the following cases:
1 Perjury of the constitutional oath.
2 violation of the Constitution.
3 treason.
Seventh:
A member of the House of Representatives be directed to the Prime Minister and ministers, questions of any subject within their specialty, and each of them to answer questions from members, and only the right to comment on the answer.
To be five and twenty members of the least of the members of the House, propose a general topic for discussion, to clarify the policy and the performance of the Council of Ministers, or a ministry, and submit to the President of the Council of Representatives, and the prime minister or the ministers set a date to come before the House for discussion.
C. A member of the House of Representatives, and the approval of twenty-five members, may direct an interpellation to the Prime Minister or the Minister, to hold them accountable for the affairs under their specialty, and are not questioned in the discussion only after at least seven days of its submission.
Eighth:
A. The Council of Representatives may withdraw confidence from a minister by absolute majority, and is resigning from the date of the withdrawal of confidence may not be raising the issue of confidence in a Minister, but based on his or request signed by fifty members after an interpellation addressed to him, and Council shall issue its decision on the request except After at least seven days from the date of submission.
B
1 for the President of the Republic may submit a request to the Council of Representatives to withdraw confidence from the Prime Minister.
2 for the House of Representatives, at the request of five (fifth) of its members to withdraw confidence from the Prime Minister, may not be submitted this request except after an interpellation addressed to the Prime Minister and after at least seven days of the request.
3. Decides Council of Representatives may withdraw confidence from the Prime Minister by an absolute majority of its members.
C is the ministry resigned in case of withdrawal of confidence from the Prime Minister.
D. In case of no-confidence vote from the Council of Ministers as a whole, continue to the Prime Minister and ministers in their positions to run everyday business for a period not to exceed thirty days until a new Cabinet is formed in accordance with the provisions of Article (76) of this Constitution.
E. The Council of Representatives may interrogate independent commission heads in accordance with the procedures relating to the ministers and may remove them by absolute majority.
Ninth:
(A) Approving the declaration of war and the state of emergency two-thirds majority, based on a joint request from the President of the Republic, the Prime Minister.
To declare a state of emergency for a period of thirty days, extendable after approval each time.
C. The Prime Minister the necessary powers that enable him to run the country during the period of the declaration of war and emergency, and shall regulate these powers, not inconsistent with the Constitution.
D displays the Prime Minister to the parliament, the measures taken and the results during the period of the declaration of war and emergency, within fifteen days from the date of termination.
Article (62):
First: The Council of Ministers of the draft general budget bill and the final account to the House of Representatives for approval.
Second: The Council of Representatives may conduct transfers between the sections and chapters of the general budget and reduce the total amounts of it may, when necessary, propose to the Council of Ministers to increase the total amount of expenditures.
Article (63):
First, define the rights and privileges of the Speaker and his deputies and members of the Council, by law.
Second:
A. A member of the House of Representatives shall enjoy immunity for statements made in the course of the views of the session, and may not be prosecuted before the courts on that.
B may not be arrested on the member during the legislative term, unless he is accused of a felony, and with the consent of members of an absolute majority to lift his immunity or if caught red-handed in a felony.
C may not be arrested on the member outside the legislative term, unless he is accused of a felony, and with the consent of the President of the House of Representatives to lift his immunity or if caught red-handed in a felony.
Article (64):
First: The Council of Representatives, by an absolute majority of its members, at the request of a third of its members or a request from the Prime Minister and the consent of the President of the Republic, may not be dissolved during the period in question the prime minister.
Second, invite the President of the Republic, upon the dissolution of the House of Representatives, to the general elections in the country during a maximum period of sixty days from the date of dissolution, is the Council of Ministers in this case have resigned, and continues to run everyday.
Section II: Council of the Union
Article 65:
Be established legislative council called the Federation Council, comprising representatives from the regions and governorates not organized in a region, and regulates the composition, membership conditions, and terms of reference, and everything related to it, the law enacted by a majority of two thirds of the House of Representatives.
Chapter II
[The executive]
Article (66):
Consists of the Federal executive authority, the President of the Republic, and the Council of Ministers and shall exercise its powers in accordance with the Constitution and the law.
Section I: President
Article (67):
The President is the head of state and the symbol of the unity of the nation, represents the sovereignty of the country, and sees to ensure compliance with the Constitution, and to maintain Iraq's independence, sovereignty, unity, and territorial integrity, in accordance with the provisions of the Constitution.
Article (68):
A candidate for the presidency must be:
First: An Iraqi by birth from Iraqi parents.
Second: Fully qualified and over forty years of age.
Third, a good reputation and political experience, known for his integrity, rectitude, justice and loyalty to the homeland.
Fourth, is convicted of a crime involving moral turpitude.
Article (69):
First: A law shall regulate the provisions of the nomination for President of the Republic.
Second: A law shall regulate the provisions of a deputy or more for the President.
Article (70):
First, the House of Representatives shall be elected from among the candidates for President of the Republic, two-thirds majority of its members.
Second, if none of the candidates the required majority, the competition among the candidates obtaining the highest number of votes, and declared president who gets the majority of the votes in the second ballot.
Article (71):
The President shall take the constitutional oath before the House of Representatives, as provided for in Article (50) of the Constitution.
Article (72):
First, determine the mandate of the President of the Republic four years, and may be re-elected for a second term only.
Second:
A term of office of President of the Republic the end of the session of the House of Representatives.
President of the Republic to continue to exercise his duties until after the elections and the new Council of Representatives meeting, that is elected new president of the Republic within thirty days from the date of the first meeting of the Council.
C in the case of the vacancy of the President of the Republic for any reason, a new President is elected to complete the remaining period of the President's term.
Article (73):
The President of the Republic, the following powers:
First, issue a special pardon on the recommendation of the Prime Minister, except in relation to the private right, and convicted of committing international crimes, terrorism and financial and administrative corruption.
Second: To ratify international treaties and agreements, after approval by the House of Representatives, and are considered ratified after fifteen days from the date of receipt.
Third: To ratify and issue the laws enacted by the House of Representatives, and are considered ratified after fifteen days from the date of receipt.
Fourth: the House of Representatives-elect to convene within a period not exceeding fifteen days from the date of approval of election results, and in other cases provided for in the Constitution.
Fifth: To award medals and decorations on the recommendation of the Prime Minister, in accordance with the law.
VI: Acceptance of ambassadors.
Seventh: the issuance of presidential decrees.
Eighth: To ratify death sentences issued by the competent courts.
IX: The task of the High Command of the Armed Forces of the ceremonial and honorary purposes.
Tenth: the exercise of any other presidential powers stipulated in this Constitution.
Article (74):
A law shall fix the salary and allowances of the President of the Republic.
Article (75):
First: The President of the Republic to his resignation in writing to the Chairman of the House of Representatives, and is effective after seven days from the date of its submission to the House of Representatives.
Second: The Vice President shall replace the President in his absence.
Third: The Vice President shall replace the President in his absence for any reason, and the House of Representatives elected a new President within a period not exceeding thirty days from the date of the vacancy.
Fourth: In case of vacancy of the President, the Speaker of the House of Representatives, will replace the President in the absence of a deputy, that the new President is elected within a period not exceeding thirty days from the date of the vacancy, in accordance with the provisions of this Constitution.
Section II: Council of Ministers
Article (76):
First, cost the President of the Republic, the parliamentary candidate of the most numerous, the formation of the Council of Ministers within fifteen days from the date of the election of the President.
Second: The Prime Minister-designate, to name members of his ministry, during a maximum period of thirty days from the date of commissioning.
Third, cost the President of the Republic, a new candidate for the Presidency of the Council of Ministers, within fifteen days, if the prime minister assigned form the cabinet during the period specified in clause "Second" of this article.
Fourth: The Chairman of the Council of Ministers in charge, the names of the members of his cabinet and the ministerial program, the House of Representatives, and is in possession trust, upon approval of the individual Ministers and the ministerial program, an absolute majority.
Fifth: The President of the Republic shall charge another nominee to form the Ministry, within fifteen days in case the Cabinet does not win confidence.
Article (77):
First: The conditions in the Prime Minister shall be the President of the Republic, that he holds a university degree or equivalent, and over thirty-five years of age.
Second: A Minister shall be the member of the House of Representatives, and have a university degree or equivalent.
Article (78):
The Prime Minister is the direct executive responsible for the general policy of the state, and commander of the armed forces, the management of the Council of Ministers, and presides over its meetings, and has the right to dismiss ministers, with the consent of the House of Representatives.
Article (79):
The President and members of the Council of Ministers, the constitutional oath before the House of Representatives, as provided for in Article (50) of the Constitution.
Article (80):
The Cabinet shall exercise the following powers:
First, the planning and implementation of public policy of the State, and the general plans, and supervise the work of the ministries and departments not related to the Ministry.
Second: To propose draft laws.
Third: To issue rules, instructions and decisions, to implement the laws.
Fourth: To prepare the draft budget and final accounts and development plans.
Fifth: To recommend to the House of Representatives, approving the appointment of deputy ministers, ambassadors and senior officials, and army chief and his aides, and those of the rank of division commander and above, and the President of the National Intelligence Service, and heads of security agencies.
Sixth: the negotiation of treaties and international agreements, and signed, or his nominee.
Article (81):
First: The President of the Republic, the acting prime minister, when the vacancy for any reason.
Second: If the case provided for in clause "First" of this Article, the President shall charge another nominee to form a cabinet within a period not exceeding fifteen days, and in accordance with the provisions of Article (76) of this Constitution.
Article (82):
A law shall regulate the salaries and allowances of the President and members of the Council of Ministers, and their grade.
Article (83):
Be the responsibility of the Prime Minister and Minister to the House of Representatives, collective and personal.
Article (84):
First: A law shall regulate the work of the security services, and the National Intelligence Service, and define its duties and powers, and operate according to principles of human rights, and subject to the supervision of the Council of Representatives.
Second: The National Intelligence Service Council of Ministers.
Article (85):
The Council of Ministers shall establish internal bylaws to regulate its work.
Article (86):
A law shall regulate the formation of ministries and functions, and functions, and powers of the Minister.
Chapter III
[The judiciary]
Article (87):
The judiciary is independent, and by courts of different types and levels, and issue decisions in accordance with the law.
Article (88):
Judges are independent, with no authority over them except that of the law is not permissible for any authority to interfere in the judiciary or in the affairs of justice.
Article (89):
The federal judiciary, the Supreme Judicial Council, Supreme Federal Court and Federal Court of Cassation, the Public Prosecution Department, Judiciary Oversight Commission and other federal courts that are regulated in accordance with the law.
Section I: Supreme Judicial Council
Article (90):
The Supreme Judicial Council, the administration of the judiciary, the law regulates the formation, and its terms of reference and rules of action.
Article (91):
Supreme Judicial Council shall exercise the following powers:
First, the administration of the judiciary and supervise the federal judiciary.
Second: The nomination of the President and members of the Federal Court of Cassation, the Chief Public Prosecutor, the President of Judicial Oversight Commission, and presented to the House of Representatives to approve the appointment.
Third: To propose the annual budget for the federal judiciary, and presented to the House of Representatives for approval.
Section II: The Federal Supreme Court
Article (92):
First, the Federal Supreme Court judicial body, financially and administratively independent.
Second, the Federal Supreme Court shall be composed from a number of judges, experts in Islamic jurisprudence, and legal scholars, whose number and manner of selection, and the work of the Court, the law enacted by a majority of two thirds of the House of Representatives.
Article (93):
Federal Supreme Court shall have the following:
First: Overseeing the constitutionality of laws and regulations in force.
Second, the interpretation of the provisions of the Constitution.
Third chapter in the issues that arise from the application of federal laws, resolutions, rules and regulations, and procedures issued by the federal authority, the law guarantees the right of each of the Council of Ministers, stakeholders, individuals and others, the right of direct appeal to the Court.
Fourth: Settling disputes that arise between the federal government and regional governments, governorates, municipalities and local administrations.
Fifth: Settling disputes that arise between the governments of the regions or provinces.
Sixth: Settling accusations directed against the President, the Prime Minister and Minister, and shall be regulated by law.
Seventh: Ratifying the final results of the general elections for membership of the House of Representatives.
Eighth:
A chapter in the conflict of jurisdiction between the federal judiciary and the judicial bodies of the regions and governorates not organized in a region.
B. Settling competency disputes between judicial institutions of the regions or governorates not organized in a region
Article (94):
Federal Supreme Court decisions are final and binding for all authorities.
Section III: General Provisions
Article (95):
Prohibits the establishment of special courts or special.
Article (96):
The law regulates the establishment of courts, their types, levels, and functions, and how the appointment of judges and their service, and public prosecutors, their discipline, and retirement.
Article (97):
Judges can not be removed except in cases specified by law, as determined by law, provisions related to them and shall regulate their disciplinary measures.
Article (98):
Forbidden for a judge and a member of the prosecution:
First: Combining a judicial position, and the legislative and executive functions, or any other work.
Second: Joining any party or political organization or engage in any political activity.
Article (99):
A law shall regulate the military judiciary and shall specify the jurisdiction of military courts, which are limited to crimes of a military nature committed by members of the armed forces, security forces, and within the limits prescribed by law.
Article (100):
Any provision in the law on the immunity of any administrative action or decision of the appeal.
Article (101):
Permissible by law, the establishment of the Council of State, to assume the functions and administrative jurisdiction, and Mufti, drafting, and representing the State and other public bodies before the courts, except those exempted by law.
Chapter IV
[Independent bodies]
Article (102):
The High Commission for Human Rights, and the Electoral Commission for elections, and the Integrity Commission, independent bodies, subject to the control of the House of Representatives, and the law governing its operations.
Article (103):
First: Each of the CBI, and the Office of Financial Supervision, and the media and communications, and the Endowment, independent bodies, financially and administratively, and the law regulates the work of each of them.
Second: The Central Bank of Iraq is responsible before the House of Representatives, and is linked to BSA, and the media and communications House of Representatives.
Third: The Endowment Council of Ministers.
Article (104):
Establish a body called the Martyrs Foundation, linked to the Council of Ministers, and organizes its work and jurisdiction by law.
Article (105):
Establish a public body to ensure the rights of the regions and governorates not organized in a region in fair participation in the management of various state federal institutions, missions, fellowships, delegations, and regional and international conferences, and consists of representatives of the federal government and the regions and governorates not organized in a region, and regulated by law.
Article (106):
Established by law, a public body to monitor the allocation of federal revenues, and shall be composed of experts from the Federal Government and the Regions, provinces and representatives, and assume the following responsibilities:
First, check the fair distribution of grants, aid and international loans pursuant to the entitlement of the regions and governorates not organized in a region.
Second, check the best use of federal financial resources and sharing.
Third, to ensure transparency and fairness in the allocation of funds to the governments of the regions and governorates not organized in a region Oaofaqa with the established percentages.
Article (107):
A council named the Federal Public Service Council, shall regulate the affairs of the federal public service, including appointment, promotion, and regulates the composition and functions of law.
Article (108):
May be established by other independent bodies as required by law and necessary
Part IV
Article (109):
Federal authorities maintain Iraq's unity and integrity, independence and sovereignty and its democratic federal system.
Article (110):
The federal authorities the following exclusive powers:
[You must be registered and logged in to see this link.]
By: management of the Centre
Date: Monday, 01/30/2012 18:55
its a bit long but if you want to know how thew do things here it is
Some good stuff around paragraph 57 and on
Part II
The rights and freedoms
Chapter I
[Rights]
Section I: civil and political rights
Article (14):
Iraqis are equal before the law without discrimination because of race, sex, or national or ethnic origin, color, religion, sect, belief or opinion, or economic or social status.
Article (15):
Everyone has the right to life, liberty and security, nor be deprived of these rights or restricted except in accordance with the law, and based on a decision issued by a court of competent jurisdiction.
Article (16):
Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this.
Article (17):
First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals.
Second: The sanctity of the home is inviolable and may not be entered or searched or violated except by judicial decision, and in accordance with the law.
Article (18):
First: Iraqi nationality is a right for every Iraqi and is the basis of their citizenship.
Second: The Iraqi everyone who is born to an Iraqi father or an Iraqi mother, and shall be regulated by law.
Third, a drop of Iraqi nationality is prohibited for an Iraqi by birth for any reason, and may those who dropped his request for retrieval, and regulated by law.
To withdraw the Iraqi citizenship from naturalized citizens in cases prescribed by law.
IV may have multiple sexual Iraqis, and to assume a position of a sovereign or a senior, security must abandon any other acquired citizenship shall be regulated by law.
Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of population settlement disrupting the demographic makeup in Iraq.
Sixth: Citizenship provisions shall regulate by law, is seen in suits arising before the competent courts.
Article (19):
First: The judiciary is independent and no power except the law.
Second, no crime or punishment except by law and no punishment except for an act that the law considers as guilty of a crime, and may not apply the death penalty is heavier than the force at the time of the crime.
Third: The right to litigate is guaranteed to all.
Fourth: The right to defense is holy and guaranteed in all stages of the investigation and trial.
Fifth: The accused is innocent until proven guilty in a fair, legal trial, the accused shall not be tried for the same crime again after his release, but if new evidence emerged.
Sixth: Every person has the right to be treated fairly in the judicial and administrative proceedings.
Seventh: The proceedings of courts shall be public unless the court decides to make them secret.
Eighth: Punishment shall be personal.
Ninth: Laws shall not have retroactive effect unless otherwise provided, this exception does not include laws of taxes and fees.
Tenth: Criminal laws shall not retroactively only if the benefit of the accused.
Eleventh: The court shall appoint an attorney to defend the accused of a felony or misdemeanor who does not have a lawyer to defend him, and at the expense of the state.
Twelfth: a reservation is prohibited.
B. No person may arrest or detention in places not designated for that purpose, according to prison laws covering health and social care and subject to the State authorities.
Thirteenth: The preliminary investigative documents to the competent judge within a period not exceeding twenty-four hours from the time of the arrest of the accused, and may be extended only once for the same period.
Article (20):
Citizens, both men and women, the right to participate in public affairs, and the enjoyment of political rights, including the right to vote and run for office.
Article (21):
First: Iraqi shall be surrendered to foreign entities and authorities.
Second, regulating the right of political asylum to Iraqi law, nor political refugee may be extradited to a foreign entity or returned forcibly to the country which he fled.
Third, does not grant political asylum to a person accused of committing international or terrorist crimes, or all of the inflicted damage on Iraq.
Section II: Economic, Social and Cultural Rights
Article (22):
First: Work is a right for all Iraqis to ensure them a dignified life.
Second: The law regulates the relationship between workers and employers on economic basis, taking into account the rules of social justice.
Third: The State guarantees the right to form trade unions and professional associations, or accession to, and shall be regulated by law.
Article (23):
First: Private property is protected, and the owner is entitled to use, exploit and dispose of them, within the law.
Second: Expropriation is not permissible except for purposes of public benefit in return for fair compensation, and shall be regulated by law.
Third:
A Iraqi has the right to own property anywhere in Iraq, and others may possess immovable assets, except as exempted
By law.
To prohibit ownership for the purposes of demographic change.
Article (24):
The State shall guarantee freedom of movement for workers, goods and capital between the regions and governorates, and this shall be regulated by law.
Article (25):
The State shall guarantee the reform of the Iraqi economy according to modern economic bases, to ensure the full investment of its resources, diversifying its sources, and encourage the private sector and development.
Article (26):
State guarantees to encourage investments in various sectors, and this shall be regulated by law.
Article (27):
First: Public property is inviolable and its protection is the duty of every citizen.
Second: The law shall regulate the rules for the protection of State properties, management and disposal conditions, and the limits that may not be relinquished none of these funds.
Article (28):
First: do not impose taxes and fees are not adjusted, and collected, or exempted, except by law.
Second: Low income earners shall be exempted from taxes in a way as to maintain the minimum required for living
Regulated by law.
Article (29):
First:
A family is the basis of society and the state should preserve its integrity and values of religious, moral and national levels.
B. The State shall guarantee the protection of motherhood, childhood and old age, and care of children and youth and provide suitable conditions for the development of their talents and abilities.
Second: Children have the right to their parents in the education, care and education, and to the right of parents to their children to respect and care, especially in times of need, disability and old age.
Third, prohibits economic exploitation of children in all, the State shall take measures for their protection.
Fourth, to prevent all forms of violence and abuse in the family, school and community.
Article (30):
First: The State shall guarantee to the individual and family, especially children and women, social security and health, and basic requirements for living in a free and dignified lives, provide them with suitable income and appropriate housing.
Second: The State shall guarantee social and health security to Iraqis in cases of old age, sickness, employment disability, homelessness, orphanhood, unemployment, and work to protect them from ignorance, fear and poverty, and provide them housing and special programs of care and rehabilitation, and this shall be regulated by law.
Article (31):
First: Each Iraqi has the right to health care, and the state of public health, and ensure the means of prevention and treatment by building different types of hospitals and health institutions.
Second: Individuals and organizations to build hospitals, clinics or private clinics, and under the supervision of the State and shall be regulated by law.
Article (32):
The State shall promote handicapped and those with special needs, and guarantees their rehabilitation to integrate them in society, and this shall be regulated by law.
Article (33):
First: Every individual has the right to live in safe environmental conditions.
Second: The State guarantees the protection of the environment, biodiversity and conservation.
Article (34):
First: Education is the basis for the progress of society and the right guaranteed by the state, which is compulsory in primary school, and the state guarantees fighting illiteracy.
Second: Free education is a right for all Iraqis in all its stages.
Third: The State shall encourage scientific research for peaceful purposes in order to serve humanity, and it promotes excelling, creativity and innovation and the various aspects of ingenuity.
Fourth: Private and public education is guaranteed, and regulated by law.
Article (35):
The State shall promote cultural activities and institutions in line with Iraq's history, civilization, culture, and is keen to adopt a genuine Iraqi cultural orientations.
Article (36):
Exercise the right of every individual, and the State to encourage and sponsor activities, and provide for their requirements.
Chapter II
[Freedoms]
Article (37):
First:
A freedom and human dignity shall be inviolable.
B. No one shall be arrested or investigated unless by judicial decision.
C. All forms of psychological and physical torture and inhumane treatment, and does not count any confession extracted under duress, threat or torture, and the injured party to claim compensation for material damage and moral injury in accordance with the law.
Second: The State shall protect the individual from coercion, intellectual, political and religious.
Third, deprived of forced labor (forced labor), slavery and the slave trade (slavery), and prohibits the trafficking of women and children, and sex trafficking.
Article (38):
The State shall ensure, without prejudice to public order and morality:
First: The freedom of expressing opinion by all means.
Second, freedom of the press, printing, advertising, media and publishing.
Third, freedom of assembly and peaceful demonstration, organized by law.
Article (39):
First: The freedom to form associations and political parties, or to join it, guaranteed, and this shall be regulated by law.
Second: No one shall be compelled to join any party or association or political entity, or force him to continue his membership in it.
Article (40):
Freedom of communication and correspondence, postal, telegraphic, telephonic, electronic and other guaranteed and may not be monitored, wiretapped or disclosed except for legal and security necessity and by judicial decision.
Article (41):
Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs or choices, and this shall be regulated by law.
Article (42):
Everyone has the freedom of thought, conscience and belief.
Article (43):
First: The followers of every religion and sect are free in:
A religious practice, including the Husseini rituals.
To manage its affairs and endowments and religious institutions, and shall be regulated by law.
Second: The State shall guarantee freedom of worship and the protection of places.
Article (44):
First: Each Iraqi has freedom of movement and travel, and residence inside and outside Iraq.
Second: No Iraqi may be exiled, displaced, or deprived from returning home.
Article (45):
First: The State is keen to strengthen the role of civil society institutions, and support, development and independence in accordance with peaceful means to achieve their legitimate goals, and this shall be regulated by law.
Second: The State is keen to advance Iraqi tribes and clans, and attend to their affairs in line with religion and the law, and promote the noble human values, which contribute to community development, and prohibit the tribal traditions, which are incompatible with human rights.
Article (46):
Not restrict the exercise of any of the rights and freedoms set forth in this Constitution or identified only by law or upon it, that does not affect the identification and essence of the right or restriction of freedom.
First: The freedom to form associations and political parties, or to join it, guaranteed, and this shall be regulated by law. Second: No one shall be compelled to join any party or association or political entity, or force him to continue his membership in it.
First: Each Iraqi has the right to health care, and the state of public health, and ensure the means of prevention and treatment by building different types of hospitals and health institutions. Second: Individuals and organizations to build hospitals, clinics or private clinics, and under the supervision of the State and shall be regulated by law.
First: Work is a right for all Iraqis to ensure them a dignified life. Second: The law regulates the relationship between workers and employers on economic basis, taking into account the rules of social justice. Third: The State guarantees the right to form trade unions and professional associations, or accession to, and organizes by law. First: Private property is protected, and the Landlord may use, exploit and dispose of them, within the law. Second: Expropriation is not permissible except for purposes of public benefit in return for fair compensation, and shall be regulated by law. Third: A. Iraqi has the right to own property in the anywhere in Iraq, and others may possess immovable assets, except as exempted by law. to prohibit ownership for the purposes of demographic change. The State shall guarantee freedom of movement for workers, goods and capital between the regions and governorates, and this shall be regulated by law. The State shall guarantee the reform of the Iraqi economy in accordance with criteria modern economic and to ensure that the full investment of its resources, diversifying its sources, and encourage the private sector and development.
Iraqis are equal before the law without discrimination because of sex, race or national or ethnic origin, color, religion, sect, belief or opinion, or economic or social status. Everyone has the right to life, security and liberty may not be deprived of these rights or restricted except in accordance with the law, Based on the decision issued by a court of competent jurisdiction. Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this. First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals. Second: The sanctity of the home is protected and may not be entered or searched or violated except judicial decision, and in accordance with the law. First: Iraqi nationality is a right for every Iraqi and is the basis of their citizenship. Second: An Iraqi is anyone born to an Iraqi father or an Iraqi mother, and shall be regulated by law. Third, a drop prohibits Iraqi citizenship from an Iraqi by birth for any reason. of reasons, and may those who dropped his request for retrieval, and regulated by law. to withdraw the Iraqi citizenship from naturalized citizens in cases prescribed by law. IV may have multiple sexual Iraqis, and the one who holds sovereign senior, security or abandonment of any nationality other acquired and regulated by law. Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of population settlement disrupting the demographic makeup in Iraq. Sixth: Citizenship provisions shall regulate by law, is seen in suits arising before the competent courts.
Iraqis are equal before the law without discrimination because of sex, race or national or ethnic origin, color, religion, sect, belief or opinion, or economic or social status. Everyone has the right to life, security and liberty may not be deprived of these rights or restricted except in accordance with the law, Based on the decision issued by a court of competent jurisdiction. Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this. First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals. Second: The sanctity of the home is protected and may not be entered or searched or violated except judicial decision, and in accordance with the law. First: Iraqi nationality is a right for every Iraqi and is the basis of their citizenship. Second: An Iraqi is anyone born to an Iraqi father or an Iraqi mother, and shall be regulated by law. Third, a drop prohibits Iraqi citizenship from an Iraqi by birth for any reason. of reasons, and may those who dropped his request for retrieval, and regulated by law. to withdraw the Iraqi citizenship from naturalized citizens in cases prescribed by law. IV may have multiple sexual Iraqis, and the one who holds sovereign senior, security or abandonment of any nationality other acquired and regulated by law. Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of population settlement disrupting the demographic makeup in Iraq. Sixth: Citizenship provisions shall regulate by law, is seen in suits arising before the competent courts.
Iraqis are equal before the law without discrimination because of sex, race or national or ethnic origin, color, religion, sect, belief or opinion, or economic or social status. Everyone has the right to life, security and liberty may not be deprived of these rights or restricted except in accordance with the law, Based on the decision issued by a court of competent jurisdiction. Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary measures to achieve this. First: Every individual has the right to personal privacy, including not incompatible with the rights of others and public morals. Second: The sanctity of the home is protected and may not be entered or searched or violated except judicial decision, and in accordance with the law. First: Iraqi nationality is a right for every Iraqi and is the basis of their citizenship. Second: An Iraqi is anyone born to an Iraqi father or an Iraqi mother, and shall be regulated by law. Third, a drop prohibits Iraqi citizenship from an Iraqi by birth for any reason. of reasons, and may those who dropped his request for retrieval, and regulated by law. to withdraw the Iraqi citizenship from naturalized citizens in cases prescribed by law. IV may have multiple sexual Iraqis, and the one who holds sovereign senior, security or abandonment of any nationality other acquired and regulated by law. Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of population settlement disrupting the demographic makeup in Iraq. Sixth: Citizenship provisions shall regulate by law, is seen in suits arising before the competent courts
Part III
Federal authorities
Article (47):
Federal powers shall consist of the legislative, executive and judicial, shall exercise their competencies and tasks on the basis of the principle of separation of powers.
Chapter One
[Legislative]
Article (48):
The federal legislative power shall consist of the House of Representatives and the Federation Council.
Section I: the House of Representatives
Article (49):
First, the House of Representatives consists of a number of members increased by one seat per one hundred thousand people from the population of Iraq, representing the entire Iraqi people and are elected by direct secret general ballot, and shall represent all groups of people.
Second: A candidate for membership of the Council of Representatives must be fully qualified Iraqi.
Third: A law shall regulate the conditions for candidates and voters and everything related to the election.
Fourth: The elections law shall aim to achieve a representation for women of not less than one-quarter of the members of the House of Representatives.
Fifth: The Council of Representatives shall promulgate a law dealing with the replacement of its members on resignation, dismissal, or death.
... It is not permissible to combine membership of the House of Representatives, and any action, or other official position.
Article (50):
Member of the Council of Representatives was sworn in before the Council, before starting their work, as the following:
(I swear by God Almighty that I will discharge my functions and responsibilities, legal, dedication and sincerity, and preserve the independence and sovereignty of Iraq, and safeguard the interests of the people, and ensure the integrity of the land, sky, water, wealth, and its federal democratic system, and that I am working on the maintenance of public and private freedoms, the independence of the judiciary, and pledge to implement legislation faithfully and impartially, and God is my witness).
Article (51):
The Council of Representatives shall establish its bylaws to regulate its work.
Article (52):
First, the House of Representatives shall decide the validity of the membership of its members, within thirty days from the date of filing an objection, two-thirds majority of its members.
Second: The decision may be challenged before the Federal Supreme Court within thirty days from the date of issue.
Article (53):
First: Sessions of the Council of Representatives shall be public unless it is necessary to do otherwise.
Second, records of meetings are published by means considered appropriate by the Council.
Article (54):
The President of the Republic of the House of Representatives to convene by a presidential decree within fifteen days from the date of approval of the general election results, and the hearing shall be held under the chairmanship of the oldest member of the election of the Speaker and his deputies, may not be extended for more than the period mentioned above.
Article (55):
House of Representatives shall elect at its first sitting president, then a first deputy and second deputy, by an absolute majority of council members by direct secret ballot.
Article (56):
First: The electoral term of the Council of Representatives shall be four calendar years, starting with the first session and ending by the end of the fourth year.
Second: The election of new Council of Representatives before the forty-five days from the date of the end of the previous election cycle.
Article (57):
House of Representatives session of the annual two legislative seasons, running for eight months, determine how the rules of procedure of convening, does not end the separation, which was convened by the general budget only after approval.
Article (58):
First: The President of the Republic, the Prime Minister or President of the Council of Representatives, or fifty members of the Council, to invite the House to an extraordinary session, the meeting shall be confined to the topics that necessitated the call to him.
Second, is to extend the legislative session of the Council of Representatives shall not exceed thirty days, to complete the tasks that require this, at the request of the President, or Prime Minister or President of the Council of Representatives, or fifty members of the Council.
Article (59):
First Quorum of meetings of the House of Representatives by an absolute majority of its members.
Second, decisions are taken in the meetings of the House of Representatives by simple majority after quorum is achieved, unless stated otherwise.
Article (60):
First Alqguanbn projects presented by the President of the Republic and the Council of Ministers.
Second, the proposed laws presented by ten members of the House of Representatives, or by one of its specialized committees.
Article (61):
The Council of Representatives of the following:
First, legislation federal laws.
Second: Monitoring the performance of the executive branch.
Third: the presidential election.
Fourth, the organization of the process of ratification of the treaties and international conventions, the law enacted by a majority of two thirds of the House of Representatives.
Fifth: Approving the appointment of:
A. The President and members of the Federal Court of Cassation, the Chief Public Prosecutor, the President of Judicial Oversight Commission,
Absolute majority, on the proposal of the Supreme Judicial Council.
(B) ambassadors and senior officials, on a proposal from the Council of Ministers.
C Chief of Army Staff, his assistants, who are the rank of division commander and above, and intelligence chief,
Based on a proposal by the Council of Ministers.
VI:
A. Questioning the President of the Republic, upon the request of the cause, by an absolute majority of members of the House of Representatives.
Relieving the President of the Republic, an absolute majority of the members of the House of Representatives after being convicted by the Federal Supreme Court, in one of the following cases:
1 Perjury of the constitutional oath.
2 violation of the Constitution.
3 treason.
Seventh:
A member of the House of Representatives be directed to the Prime Minister and ministers, questions of any subject within their specialty, and each of them to answer questions from members, and only the right to comment on the answer.
To be five and twenty members of the least of the members of the House, propose a general topic for discussion, to clarify the policy and the performance of the Council of Ministers, or a ministry, and submit to the President of the Council of Representatives, and the prime minister or the ministers set a date to come before the House for discussion.
C. A member of the House of Representatives, and the approval of twenty-five members, may direct an interpellation to the Prime Minister or the Minister, to hold them accountable for the affairs under their specialty, and are not questioned in the discussion only after at least seven days of its submission.
Eighth:
A. The Council of Representatives may withdraw confidence from a minister by absolute majority, and is resigning from the date of the withdrawal of confidence may not be raising the issue of confidence in a Minister, but based on his or request signed by fifty members after an interpellation addressed to him, and Council shall issue its decision on the request except After at least seven days from the date of submission.
B
1 for the President of the Republic may submit a request to the Council of Representatives to withdraw confidence from the Prime Minister.
2 for the House of Representatives, at the request of five (fifth) of its members to withdraw confidence from the Prime Minister, may not be submitted this request except after an interpellation addressed to the Prime Minister and after at least seven days of the request.
3. Decides Council of Representatives may withdraw confidence from the Prime Minister by an absolute majority of its members.
C is the ministry resigned in case of withdrawal of confidence from the Prime Minister.
D. In case of no-confidence vote from the Council of Ministers as a whole, continue to the Prime Minister and ministers in their positions to run everyday business for a period not to exceed thirty days until a new Cabinet is formed in accordance with the provisions of Article (76) of this Constitution.
E. The Council of Representatives may interrogate independent commission heads in accordance with the procedures relating to the ministers and may remove them by absolute majority.
Ninth:
(A) Approving the declaration of war and the state of emergency two-thirds majority, based on a joint request from the President of the Republic, the Prime Minister.
To declare a state of emergency for a period of thirty days, extendable after approval each time.
C. The Prime Minister the necessary powers that enable him to run the country during the period of the declaration of war and emergency, and shall regulate these powers, not inconsistent with the Constitution.
D displays the Prime Minister to the parliament, the measures taken and the results during the period of the declaration of war and emergency, within fifteen days from the date of termination.
Article (62):
First: The Council of Ministers of the draft general budget bill and the final account to the House of Representatives for approval.
Second: The Council of Representatives may conduct transfers between the sections and chapters of the general budget and reduce the total amounts of it may, when necessary, propose to the Council of Ministers to increase the total amount of expenditures.
Article (63):
First, define the rights and privileges of the Speaker and his deputies and members of the Council, by law.
Second:
A. A member of the House of Representatives shall enjoy immunity for statements made in the course of the views of the session, and may not be prosecuted before the courts on that.
B may not be arrested on the member during the legislative term, unless he is accused of a felony, and with the consent of members of an absolute majority to lift his immunity or if caught red-handed in a felony.
C may not be arrested on the member outside the legislative term, unless he is accused of a felony, and with the consent of the President of the House of Representatives to lift his immunity or if caught red-handed in a felony.
Article (64):
First: The Council of Representatives, by an absolute majority of its members, at the request of a third of its members or a request from the Prime Minister and the consent of the President of the Republic, may not be dissolved during the period in question the prime minister.
Second, invite the President of the Republic, upon the dissolution of the House of Representatives, to the general elections in the country during a maximum period of sixty days from the date of dissolution, is the Council of Ministers in this case have resigned, and continues to run everyday.
Section II: Council of the Union
Article 65:
Be established legislative council called the Federation Council, comprising representatives from the regions and governorates not organized in a region, and regulates the composition, membership conditions, and terms of reference, and everything related to it, the law enacted by a majority of two thirds of the House of Representatives.
Chapter II
[The executive]
Article (66):
Consists of the Federal executive authority, the President of the Republic, and the Council of Ministers and shall exercise its powers in accordance with the Constitution and the law.
Section I: President
Article (67):
The President is the head of state and the symbol of the unity of the nation, represents the sovereignty of the country, and sees to ensure compliance with the Constitution, and to maintain Iraq's independence, sovereignty, unity, and territorial integrity, in accordance with the provisions of the Constitution.
Article (68):
A candidate for the presidency must be:
First: An Iraqi by birth from Iraqi parents.
Second: Fully qualified and over forty years of age.
Third, a good reputation and political experience, known for his integrity, rectitude, justice and loyalty to the homeland.
Fourth, is convicted of a crime involving moral turpitude.
Article (69):
First: A law shall regulate the provisions of the nomination for President of the Republic.
Second: A law shall regulate the provisions of a deputy or more for the President.
Article (70):
First, the House of Representatives shall be elected from among the candidates for President of the Republic, two-thirds majority of its members.
Second, if none of the candidates the required majority, the competition among the candidates obtaining the highest number of votes, and declared president who gets the majority of the votes in the second ballot.
Article (71):
The President shall take the constitutional oath before the House of Representatives, as provided for in Article (50) of the Constitution.
Article (72):
First, determine the mandate of the President of the Republic four years, and may be re-elected for a second term only.
Second:
A term of office of President of the Republic the end of the session of the House of Representatives.
President of the Republic to continue to exercise his duties until after the elections and the new Council of Representatives meeting, that is elected new president of the Republic within thirty days from the date of the first meeting of the Council.
C in the case of the vacancy of the President of the Republic for any reason, a new President is elected to complete the remaining period of the President's term.
Article (73):
The President of the Republic, the following powers:
First, issue a special pardon on the recommendation of the Prime Minister, except in relation to the private right, and convicted of committing international crimes, terrorism and financial and administrative corruption.
Second: To ratify international treaties and agreements, after approval by the House of Representatives, and are considered ratified after fifteen days from the date of receipt.
Third: To ratify and issue the laws enacted by the House of Representatives, and are considered ratified after fifteen days from the date of receipt.
Fourth: the House of Representatives-elect to convene within a period not exceeding fifteen days from the date of approval of election results, and in other cases provided for in the Constitution.
Fifth: To award medals and decorations on the recommendation of the Prime Minister, in accordance with the law.
VI: Acceptance of ambassadors.
Seventh: the issuance of presidential decrees.
Eighth: To ratify death sentences issued by the competent courts.
IX: The task of the High Command of the Armed Forces of the ceremonial and honorary purposes.
Tenth: the exercise of any other presidential powers stipulated in this Constitution.
Article (74):
A law shall fix the salary and allowances of the President of the Republic.
Article (75):
First: The President of the Republic to his resignation in writing to the Chairman of the House of Representatives, and is effective after seven days from the date of its submission to the House of Representatives.
Second: The Vice President shall replace the President in his absence.
Third: The Vice President shall replace the President in his absence for any reason, and the House of Representatives elected a new President within a period not exceeding thirty days from the date of the vacancy.
Fourth: In case of vacancy of the President, the Speaker of the House of Representatives, will replace the President in the absence of a deputy, that the new President is elected within a period not exceeding thirty days from the date of the vacancy, in accordance with the provisions of this Constitution.
Section II: Council of Ministers
Article (76):
First, cost the President of the Republic, the parliamentary candidate of the most numerous, the formation of the Council of Ministers within fifteen days from the date of the election of the President.
Second: The Prime Minister-designate, to name members of his ministry, during a maximum period of thirty days from the date of commissioning.
Third, cost the President of the Republic, a new candidate for the Presidency of the Council of Ministers, within fifteen days, if the prime minister assigned form the cabinet during the period specified in clause "Second" of this article.
Fourth: The Chairman of the Council of Ministers in charge, the names of the members of his cabinet and the ministerial program, the House of Representatives, and is in possession trust, upon approval of the individual Ministers and the ministerial program, an absolute majority.
Fifth: The President of the Republic shall charge another nominee to form the Ministry, within fifteen days in case the Cabinet does not win confidence.
Article (77):
First: The conditions in the Prime Minister shall be the President of the Republic, that he holds a university degree or equivalent, and over thirty-five years of age.
Second: A Minister shall be the member of the House of Representatives, and have a university degree or equivalent.
Article (78):
The Prime Minister is the direct executive responsible for the general policy of the state, and commander of the armed forces, the management of the Council of Ministers, and presides over its meetings, and has the right to dismiss ministers, with the consent of the House of Representatives.
Article (79):
The President and members of the Council of Ministers, the constitutional oath before the House of Representatives, as provided for in Article (50) of the Constitution.
Article (80):
The Cabinet shall exercise the following powers:
First, the planning and implementation of public policy of the State, and the general plans, and supervise the work of the ministries and departments not related to the Ministry.
Second: To propose draft laws.
Third: To issue rules, instructions and decisions, to implement the laws.
Fourth: To prepare the draft budget and final accounts and development plans.
Fifth: To recommend to the House of Representatives, approving the appointment of deputy ministers, ambassadors and senior officials, and army chief and his aides, and those of the rank of division commander and above, and the President of the National Intelligence Service, and heads of security agencies.
Sixth: the negotiation of treaties and international agreements, and signed, or his nominee.
Article (81):
First: The President of the Republic, the acting prime minister, when the vacancy for any reason.
Second: If the case provided for in clause "First" of this Article, the President shall charge another nominee to form a cabinet within a period not exceeding fifteen days, and in accordance with the provisions of Article (76) of this Constitution.
Article (82):
A law shall regulate the salaries and allowances of the President and members of the Council of Ministers, and their grade.
Article (83):
Be the responsibility of the Prime Minister and Minister to the House of Representatives, collective and personal.
Article (84):
First: A law shall regulate the work of the security services, and the National Intelligence Service, and define its duties and powers, and operate according to principles of human rights, and subject to the supervision of the Council of Representatives.
Second: The National Intelligence Service Council of Ministers.
Article (85):
The Council of Ministers shall establish internal bylaws to regulate its work.
Article (86):
A law shall regulate the formation of ministries and functions, and functions, and powers of the Minister.
Chapter III
[The judiciary]
Article (87):
The judiciary is independent, and by courts of different types and levels, and issue decisions in accordance with the law.
Article (88):
Judges are independent, with no authority over them except that of the law is not permissible for any authority to interfere in the judiciary or in the affairs of justice.
Article (89):
The federal judiciary, the Supreme Judicial Council, Supreme Federal Court and Federal Court of Cassation, the Public Prosecution Department, Judiciary Oversight Commission and other federal courts that are regulated in accordance with the law.
Section I: Supreme Judicial Council
Article (90):
The Supreme Judicial Council, the administration of the judiciary, the law regulates the formation, and its terms of reference and rules of action.
Article (91):
Supreme Judicial Council shall exercise the following powers:
First, the administration of the judiciary and supervise the federal judiciary.
Second: The nomination of the President and members of the Federal Court of Cassation, the Chief Public Prosecutor, the President of Judicial Oversight Commission, and presented to the House of Representatives to approve the appointment.
Third: To propose the annual budget for the federal judiciary, and presented to the House of Representatives for approval.
Section II: The Federal Supreme Court
Article (92):
First, the Federal Supreme Court judicial body, financially and administratively independent.
Second, the Federal Supreme Court shall be composed from a number of judges, experts in Islamic jurisprudence, and legal scholars, whose number and manner of selection, and the work of the Court, the law enacted by a majority of two thirds of the House of Representatives.
Article (93):
Federal Supreme Court shall have the following:
First: Overseeing the constitutionality of laws and regulations in force.
Second, the interpretation of the provisions of the Constitution.
Third chapter in the issues that arise from the application of federal laws, resolutions, rules and regulations, and procedures issued by the federal authority, the law guarantees the right of each of the Council of Ministers, stakeholders, individuals and others, the right of direct appeal to the Court.
Fourth: Settling disputes that arise between the federal government and regional governments, governorates, municipalities and local administrations.
Fifth: Settling disputes that arise between the governments of the regions or provinces.
Sixth: Settling accusations directed against the President, the Prime Minister and Minister, and shall be regulated by law.
Seventh: Ratifying the final results of the general elections for membership of the House of Representatives.
Eighth:
A chapter in the conflict of jurisdiction between the federal judiciary and the judicial bodies of the regions and governorates not organized in a region.
B. Settling competency disputes between judicial institutions of the regions or governorates not organized in a region
Article (94):
Federal Supreme Court decisions are final and binding for all authorities.
Section III: General Provisions
Article (95):
Prohibits the establishment of special courts or special.
Article (96):
The law regulates the establishment of courts, their types, levels, and functions, and how the appointment of judges and their service, and public prosecutors, their discipline, and retirement.
Article (97):
Judges can not be removed except in cases specified by law, as determined by law, provisions related to them and shall regulate their disciplinary measures.
Article (98):
Forbidden for a judge and a member of the prosecution:
First: Combining a judicial position, and the legislative and executive functions, or any other work.
Second: Joining any party or political organization or engage in any political activity.
Article (99):
A law shall regulate the military judiciary and shall specify the jurisdiction of military courts, which are limited to crimes of a military nature committed by members of the armed forces, security forces, and within the limits prescribed by law.
Article (100):
Any provision in the law on the immunity of any administrative action or decision of the appeal.
Article (101):
Permissible by law, the establishment of the Council of State, to assume the functions and administrative jurisdiction, and Mufti, drafting, and representing the State and other public bodies before the courts, except those exempted by law.
Chapter IV
[Independent bodies]
Article (102):
The High Commission for Human Rights, and the Electoral Commission for elections, and the Integrity Commission, independent bodies, subject to the control of the House of Representatives, and the law governing its operations.
Article (103):
First: Each of the CBI, and the Office of Financial Supervision, and the media and communications, and the Endowment, independent bodies, financially and administratively, and the law regulates the work of each of them.
Second: The Central Bank of Iraq is responsible before the House of Representatives, and is linked to BSA, and the media and communications House of Representatives.
Third: The Endowment Council of Ministers.
Article (104):
Establish a body called the Martyrs Foundation, linked to the Council of Ministers, and organizes its work and jurisdiction by law.
Article (105):
Establish a public body to ensure the rights of the regions and governorates not organized in a region in fair participation in the management of various state federal institutions, missions, fellowships, delegations, and regional and international conferences, and consists of representatives of the federal government and the regions and governorates not organized in a region, and regulated by law.
Article (106):
Established by law, a public body to monitor the allocation of federal revenues, and shall be composed of experts from the Federal Government and the Regions, provinces and representatives, and assume the following responsibilities:
First, check the fair distribution of grants, aid and international loans pursuant to the entitlement of the regions and governorates not organized in a region.
Second, check the best use of federal financial resources and sharing.
Third, to ensure transparency and fairness in the allocation of funds to the governments of the regions and governorates not organized in a region Oaofaqa with the established percentages.
Article (107):
A council named the Federal Public Service Council, shall regulate the affairs of the federal public service, including appointment, promotion, and regulates the composition and functions of law.
Article (108):
May be established by other independent bodies as required by law and necessary
Part IV
Article (109):
Federal authorities maintain Iraq's unity and integrity, independence and sovereignty and its democratic federal system.
Article (110):
The federal authorities the following exclusive powers:
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Last edited by deniscanada on Mon Jan 30, 2012 3:28 am; edited 2 times in total (Reason for editing : comment)
