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Constitution of Iraq yesterday and today
On: Tuesday 3/4/2012 9:16
Jassim Alaiv
by virtue of subordinate states (Baghdad, Mosul and Basra) to the Ottoman Empire, these States, of which is Iraq after the disintegration of the Ottoman Empire, became subject to the Constitution of the Ottoman Empire which was released in 1876, and thus can be considered that the Constitution is the Constitution's first known Iraq in modern times.
And after the establishment of the monarchy in Iraq was the constitution monarchy in 1925 and consisted of 125 articles, has provided his introduction to it (the Basic Law of Iraq) and that form of government hereditary monarchy, and contained on the bases adopted by the Kingdom of Iraq in the conduct of public affairs and governance royal - a constitutional , and has provided for the separation of powers and the independence of the judiciary.
fought the Iraqi people during the monarchy struggle continued in order to activate the paragraphs of the Constitution, which focused on public freedoms to stimulate civic life and politics in Iraq coming from the night of despotism Ottoman Royal Almtlf cloak of Islam, and the subject then to dominate the British that control its affairs, and played the Iraqi elite Enlightenment played an important role in that, but Aldan power then tried to circumvent the Constitution and the disabled or interpreted according to their interests, and on the whole, the political forces - social were eager to invest the Constitution in their favor, especially those that relating to the freedoms and the formation of political parties, professional organizations and social combined with the international situation and its impact on the situation in Iraq. Now we are far away from that history and events and by virtue of what we informed him of the documents and information neutrality for that phase, can be considered constitutional monarchy and the document was the subject of evolution, and to lay the parliamentary system in a pluralistic in Iraq, but one that is implied by the political relations - social, nature of stratification the authority of the then and because they secrete Colinaala, inevitably have to discharge that constitution of its content.
after July / 58 / In the seventh month was issued (the Constitution of the First Republic), or (Constitution of Abd al-Karim Qasim) as described was composed of 30 articles and attributed drafted to the late Hussein beautiful have been only 48 hours! Commissioned by the leader Abdul generosity Qasim and some ministers close to him and described as the Constitution of the reductant dedicated power, however, the Council of Ministers, however, President specifically considered decisions and orders and statements of the Prime Minister as the laws in force.
after the coup of 18 October 1963 baptized Abdul Salam Arif to the version of the Constitution of another pregnancy with a name materials and reduced to only 16 articles were replaced by Abdul Salam Arif, after a short period of this Constitution, the Constitution is different from all other previous Iraqi constitutions, where it was launched for the first time that Iraq (a democratic state socialism)! Based on the rule-oriented economy in and make the President as head of state and given broad powers, which are endless, and this was the Constitution echo of the procedures carried out by Gamal Abdel Nasser in Egypt, especially the economic, political, and the experience of the Arab Socialist Union and the limited economic activity, however, the state through nationalization banks and some private companies and activate the public sector, and then amended the constitution to give the right of direct election to the Iraqis in the selection of the National Assembly was promulgated in 1967, the Electoral Act No. 7, but the fall of Abdul Rahman Arif has led to the stoppage of work.
coup July 17 1968, issued Dstran, the first in 1968 and second in 1970 and developed by a committee headed by Saddam Hussein in his capacity as Vice-Chairman of the Revolutionary Command Council and the Syrian Baathist (Abdel-Fattah Zalat) member for being the head of the Office of Legal Affairs of the Revolutionary Command Council has included the some law professors Iraqis.
Edit this Constitution more than 40 times to consolidate power, however, the governor and one holding his hand all aspects of power and wealth, and to fill voids that occur in the Constitution by the movement, which was characterized by the Iraqi reality, and the most important amendments made to it, yet the clarity of the identity of the repressive regime Baathist, the amendment that took place in 1980 when it was introduced ( National Council) as the governing body again, but that the law put her to make it just a rubber-stamp and ornamental, turning (National Council) to echo the views, ideas and perceptions of Saddam Hussein personally through the slogan "If Saddam said Iraq said," and remained head of state and its powers limited to the person one is the head of the Revolutionary Command Council, which is the de jure President of the Republic, which granted broad powers are not limitless, and then issued Saddam Hussein a legitimate constitutionally, he did not do because of the circumstances in which Hatt regime and Iraq because of his folly in the invasion of Kuwait, even though he had been dismissed that project Constitutional Mqasath personally.
after the fall of the Baathist regime in 09.04.2003 issued transitional administration law, yet he bore the name (the law) but it is in the nature of its articles and its content can be to prepare a constitution, because the systems of power bases, government and included on the fundamental freedoms and rights in citizenship, equality and freedom of expression, conscience and religion, security and the establishment of political parties and civic organizations and professional and recognized independence of physical and moral.
and regardless of whether he sees this party or in that of the laws or in the circumstances that gave them, or record it from the observations and reservations, the law (the State Administration Interim), more than many Iraqi constitutions that preceded it, especially in regards to public freedoms and human rights, and the constitutions of all the Arab countries and regional countries neighboring Iraq, and that in the goals and aims and the nature of a constitution, but subjected the political process in Iraq to the Gorge dates that turned into a (sacred) can not be touched , and in writing the most important of the current Constitution, has invested political forces winning elections these dates and found the opportunity in the drafting of the Constitution enshrines religious beliefs of intellectual - and political nationalism. We note clear that the process of writing the constitution has been in tune with the date specified in advance away from what it actually Iraqi challenges and interactions and divisions, has reflected on some of the paragraphs in the draft Dezturalhala investment of majorities and power centers result of elections play in the outcome of social awareness low upon which the Iraqi society because of the tyranny that practiced by the Baathist regime over the past three decades and deform the most basic types of civic awareness democratic through dedication to the values and practices backward, and contributed to the blockade around the system to an effective weapon in his hand to defeat the humanitarian Iraqi and directing even dreams about seeking daily continued to secure its needs for food only, for years siege, which resulted in conscious societies distorted invested well by political parties - religious, and investment pro sectarian to a maximum, has been the creation of voting bloc large involve contradictions various inside, and is reflected even on the nature of the cabinet in the list itself, and it applies to the situation in Kurdistan, as well as to confirm the privacy nationalism which, on the other hand, the current democratic and secular did not rise to the major task facing it remained live illusions sixties imperatives consuming, and entered the yard elections Michrzma to several lists, and the result was known it became clear where the good nature and size of the labor which oversaw the writing current constitution and form of it, so applicable upon the justification that finds this the best that is now available and that we have to wait time, next Iraqi, who is aware of the Iraqi voters that its fundamental interests lie in the vote for the electoral program of social - political it serves no other.
and exciting thing is that (Hawks) writing the constitution are now calling for amending the present, because they did not expect or calculate Sigdon they are the source of the decision in the executive branch, and will stand (the Constitution itself) to achieve their ambitions to dominate and control and influence. It is important to amend the current constitution, fair and transparent and realistic take into account to assure all components of Iraq, with a commitment by law, which will be opened by the foundation to which removal is all that results from the maze and the problematic future of Iraq after April 9, 2003.
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