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Federal government of Iraq

March 23, 2023

The federal government of Iraq is defined under the current Constitution, approved in 2005, as an Islamic,[1] democratic, federal parliamentary republic.[2] The federal government is composed of the executive, legislative, and judicial branches, as well as numerous independent commissions.

Federalism in Iraq

Main article: Federalism in Iraq

Federalism law

Article 114 of the Constitution of Iraq provided that no new region may be created before the Iraqi National Assembly has passed a law that provides the procedures for forming the region. was passed in October 2006 after an agreement was reached with the Iraqi Accord Front to form the constitutional review committee and to defer implementation of the law for 18 months. Legislators from the Iraqi Accord Front, Sadrist Movement and Islamic Virtue Party all opposed the bill.[3]

Creating a new region

Under the Federalism Law a region can be created out of one or more existing governorates or two or more existing regions. A governorate can also join an existing region to create a new region. There is no limit to the number of governorates that can form a region, unlike the Transitional Administrative Law of the Iraqi Interim Government which limited it to three.

A new region can be proposed by one third or more of the council members in each affected governorate plus 500 voters or by one tenth or more voters in each affected governorate. A referendum must then be held within three months, which requires a simple majority in favour to pass.

In the event of competing proposals, the multiple proposals are put to a ballot and the proposal with the most supporters is put to the referendum.

In the event of an affirmative referendum a Transitional Legislative Assembly is elected for one year, which has the task of writing a constitution for the Region, which is then put to a referendum requiring a simple majority to pass.

The President, Prime Minister and Ministers of the region are elected by simple majority, in contrast to the Iraqi National Assembly which requires two thirds support.

Executive branch

The executive branch is composed of the President and the Council of Ministers.[4]

President

Main article: President of Iraq

The President of the Republic is the head of state and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution."[5] The President is elected by the Council of Representatives by a two-thirds majority,[6] and is limited to two four-year terms.[7] The President ratifies treaties and laws passed by the Council of Representatives, issues pardons on the recommendation of the Prime Minister, and performs the "duty of the Higher Command of the armed forces for ceremonial and honorary purposes."[6]

There is also a Vice President which assumes the office of the President in case of his absence or removal.[7]

Council of Ministers

Main articles: Prime Minister of Iraq and Council of Ministers of Iraq
 
Composition of the Iraqi Government as of September 2009

The Council of Ministers is composed of the Prime Minister as head of government and his cabinet. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet.[8] The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander-in-chief of the armed forces, directs the Council of Ministers, and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives.[9]

The cabinet is responsible for overseeing their respective ministries, proposing laws, preparing the budget, negotiating and signing international agreements and treaties, and appointing undersecretaries, ambassadors, the Chief of Staff of the Armed Forces and his assistants, Division Commanders or higher, the Director of the National Intelligence Service, and heads of security institutions.[10]

List of ministries

Legislative branch

The legislative branch is composed of the Council of Representatives and a Federation Council.[11] As of August 2012, the Federation Council had not yet come into existence.[12]

Council of Representatives

Main article: Council of Representatives of Iraq

The Council of Representatives is the main elected body of Iraq. The Constitution defines the "number of members at a ratio of one representative per 100,000 Iraqi persons representing the entire Iraqi people."[13] The members are elected for terms of 4 years.[14]

The council elects the President of Iraq; approves the appointment of the members of the Federal Court of Cassation, the Chief Public Prosecutor, and the President of Judicial Oversight Commission on proposal by the Higher Juridical Council; and approves the appointment of the Army Chief of Staff, his assistants and those of the rank of division commanders and above, and the director of the intelligence service, on proposal by the Cabinet.[15]

Federation Council

Main article: Federation Council of Iraq

The Federation Council will be composed of representatives from the regions and the governorates that are not organized in a region. The council is to be regulated by law by the Council of Representatives.[16] As of November 2018, the Federation Council had not yet come into existence.[12]

Judicial branch

Main article: Judiciary of Iraq

The federal judiciary is composed of the Higher Judicial Council, the Supreme Court, the Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated by law.[17] One such court is the Central Criminal Court.

Higher Judicial Council

Main article: Higher Judicial Council of Iraq

The Higher Judicial Council manages and supervises the affairs of the federal judiciary.[18] It oversees the affairs of the various judicial committees,[19] nominates the Chief Justice and members of the Court of Cassation, the Chief Public Prosecutor, and the Chief Justice of the Judiciary Oversight Commission, and drafts the budget of the judiciary.[18] In 2013, the Council of Representatives passed the Iraqi Federal Court Act, which forbids the Chief Justice of the Supreme Court from also being the head of the Judicial Council, and replaced him with the Chief Justice of the Court of Cassation.[20]

Supreme Court

Main article: Supreme Court of Iraq

The Supreme Court is an independent judicial body that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final court of appeals, settles disputes amongst or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.[21]

Central Criminal Court

The Central Criminal Court of Iraq is the main criminal court of Iraq.[citation needed] The CCCI is based on an inquisitorial system and consists of two chambers: an investigative court, and a criminal court.[citation needed]

Independent commissions and institutions

The Independent High Commission for Human Rights, the Independent High Electoral Commission, and the Commission on Integrity are independent commissions subject to monitoring by the Council of Representatives.[22] The Central Bank of Iraq, the Board of Supreme Audit, the Communications and Media Commission, and the Endowment Commission are financially and administratively independent institutions.[23] The Foundation of Martyrs is attached to the Council of Ministers.[24] The Federal Public Service Council regulates the affairs of the federal public service, including appointment and promotion.[25]

See also

References

  1. ^ Constitution of Iraq, Section 1, Article 2
  2. ^ Constitution of Iraq, Section 1, Article 1
  3. ^ "Iraqi parliament approves federal law". Reuters. 2006-10-11. Retrieved 2008-04-18.[dead link]
  4. ^ Constitution of Iraq, Section 3, Chapter 2, Article 63
  5. ^ Constitution of Iraq, Section 3, Chapter 2, Article 67
  6. ^ a b Constitution of Iraq, Section 3, Chapter 2, Article 70
  7. ^ a b Constitution of Iraq, Section 3, Chapter 2, Article 72
  8. ^ Constitution of Iraq, Section 3, Chapter 2, Article 76
  9. ^ Constitution of Iraq, Section 3, Chapter 2, Article 78
  10. ^ Constitution of Iraq, Section 3, Chapter 2, Article 80
  11. ^ Constitution of Iraq, Section 3, Chapter 1, Article 48.
  12. ^ a b Chomani (13 August 2012). . Al-Akhbar. AFP. Archived from the original on 10 October 2017. Retrieved 31 August 2012. Kobler listed his two other priorities as the selection of a new electoral commission to organize provincial elections planned for next year, and the creation of an upper chamber of parliament, known as the federation council, which is referred to in Iraq's constitution but has not yet been implemented.
  13. ^ Constitution of Iraq, Section 3, Chapter 1, Article 49
  14. ^ Constitution of Iraq, Section 3, Chapter 1, Article 56
  15. ^ Constitution of Iraq, Section 3, Chapter 1, Article 61
  16. ^ Constitution of Iraq, Section 3, Chapter 1, Article 65
  17. ^ Constitution of Iraq, Section 3, Chapter 3, Article 89
  18. ^ a b Constitution of Iraq, Section 3, Chapter 3, Article 91
  19. ^ Constitution of Iraq, Section 3, Chapter 3, Article 90
  20. ^ Sadah, Ali Abel (18 February 2013). "Iraqi Judicial Reforms Include Removal of Chief Justice". Al-Monitor.
  21. ^ Constitution of Iraq, Section 3, Chapter 3, Article 93
  22. ^ Constitution of Iraq, Section 3, Chapter 4, Article 102
  23. ^ Constitution of Iraq, Section 3, Chapter 4, Article 103
  24. ^ Constitution of Iraq, Section 3, Chapter 4, Article 104
  25. ^ Constitution of Iraq, Section 3, Chapter 4, Article 107

External links

  • Iraqi Government – Official website (in English and Arabic)
  • Iraqi Government Official Spokesman (in English and Arabic)
  • (in English, Arabic, and Kurdish)
  • Cabinet of Iraq (in English and Arabic)
  • Prime Minister of Iraq (in Arabic)
  • (in English and Arabic) (Google-identified malware)
  • from the CIA
  • Government of Iraq at Curlie

March 23, 2023
federal, government, iraq, federal, government, iraq, defined, under, current, constitution, approved, 2005, islamic, democratic, federal, parliamentary, republic, federal, government, composed, executive, legislative, judicial, branches, well, numerous, indep. The federal government of Iraq is defined under the current Constitution approved in 2005 as an Islamic 1 democratic federal parliamentary republic 2 The federal government is composed of the executive legislative and judicial branches as well as numerous independent commissions Contents 1 Federalism in Iraq 1 1 Federalism law 1 1 1 Creating a new region 2 Executive branch 2 1 President 2 2 Council of Ministers 2 2 1 List of ministries 3 Legislative branch 3 1 Council of Representatives 3 2 Federation Council 4 Judicial branch 4 1 Higher Judicial Council 4 2 Supreme Court 4 3 Central Criminal Court 5 Independent commissions and institutions 6 See also 7 References 8 External linksFederalism in Iraq EditMain article Federalism in Iraq Federalism law Edit Article 114 of the Constitution of Iraq provided that no new region may be created before the Iraqi National Assembly has passed a law that provides the procedures for forming the region A law was passed in October 2006 after an agreement was reached with the Iraqi Accord Front to form the constitutional review committee and to defer implementation of the law for 18 months Legislators from the Iraqi Accord Front Sadrist Movement and Islamic Virtue Party all opposed the bill 3 Creating a new region Edit Under the Federalism Law a region can be created out of one or more existing governorates or two or more existing regions A governorate can also join an existing region to create a new region There is no limit to the number of governorates that can form a region unlike the Transitional Administrative Law of the Iraqi Interim Government which limited it to three A new region can be proposed by one third or more of the council members in each affected governorate plus 500 voters or by one tenth or more voters in each affected governorate A referendum must then be held within three months which requires a simple majority in favour to pass In the event of competing proposals the multiple proposals are put to a ballot and the proposal with the most supporters is put to the referendum In the event of an affirmative referendum a Transitional Legislative Assembly is elected for one year which has the task of writing a constitution for the Region which is then put to a referendum requiring a simple majority to pass The President Prime Minister and Ministers of the region are elected by simple majority in contrast to the Iraqi National Assembly which requires two thirds support Executive branch EditThe executive branch is composed of the President and the Council of Ministers 4 President Edit Main article President of Iraq The President of the Republic is the head of state and safeguards the commitment to the Constitution and the preservation of Iraq s independence sovereignty unity the security of its territories in accordance with the provisions of the Constitution 5 The President is elected by the Council of Representatives by a two thirds majority 6 and is limited to two four year terms 7 The President ratifies treaties and laws passed by the Council of Representatives issues pardons on the recommendation of the Prime Minister and performs the duty of the Higher Command of the armed forces for ceremonial and honorary purposes 6 There is also a Vice President which assumes the office of the President in case of his absence or removal 7 Council of Ministers Edit Main articles Prime Minister of Iraq and Council of Ministers of Iraq Composition of the Iraqi Government as of September 2009 The Council of Ministers is composed of the Prime Minister as head of government and his cabinet The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet 8 The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander in chief of the armed forces directs the Council of Ministers and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives 9 The cabinet is responsible for overseeing their respective ministries proposing laws preparing the budget negotiating and signing international agreements and treaties and appointing undersecretaries ambassadors the Chief of Staff of the Armed Forces and his assistants Division Commanders or higher the Director of the National Intelligence Service and heads of security institutions 10 List of ministries Edit Ministry of Human Rights Ministry of Defense Ministry of Displacement amp migration Ministry of Electricity Ministry of Agriculture Ministry of Finance Ministry of Justice Ministry of Science amp Technology Ministry of Housing amp Construction Ministry of Culture Ministry of Communications Ministry of Education Ministry of Health Ministry of Industry amp Minerals Ministry of Interior Ministry of Labor amp Social Affairs Ministry of Oil Ministry of Planning Ministry of Trade Ministry of Municipalities amp Public Works Ministry of Transportation Ministry of Water Resources Ministry of Youth amp Sports Ministry of Higher Education and Scientific ResearchLegislative branch EditThe legislative branch is composed of the Council of Representatives and a Federation Council 11 As of August 2012 the Federation Council had not yet come into existence 12 Council of Representatives Edit Main article Council of Representatives of Iraq The Council of Representatives is the main elected body of Iraq The Constitution defines the number of members at a ratio of one representative per 100 000 Iraqi persons representing the entire Iraqi people 13 The members are elected for terms of 4 years 14 The council elects the President of Iraq approves the appointment of the members of the Federal Court of Cassation the Chief Public Prosecutor and the President of Judicial Oversight Commission on proposal by the Higher Juridical Council and approves the appointment of the Army Chief of Staff his assistants and those of the rank of division commanders and above and the director of the intelligence service on proposal by the Cabinet 15 Federation Council Edit Main article Federation Council of Iraq The Federation Council will be composed of representatives from the regions and the governorates that are not organized in a region The council is to be regulated by law by the Council of Representatives 16 As of November 2018 the Federation Council had not yet come into existence 12 Judicial branch EditMain article Judiciary of Iraq The federal judiciary is composed of the Higher Judicial Council the Supreme Court the Court of Cassation the Public Prosecution Department the Judiciary Oversight Commission and other federal courts that are regulated by law 17 One such court is the Central Criminal Court Higher Judicial Council Edit Main article Higher Judicial Council of Iraq The Higher Judicial Council manages and supervises the affairs of the federal judiciary 18 It oversees the affairs of the various judicial committees 19 nominates the Chief Justice and members of the Court of Cassation the Chief Public Prosecutor and the Chief Justice of the Judiciary Oversight Commission and drafts the budget of the judiciary 18 In 2013 the Council of Representatives passed the Iraqi Federal Court Act which forbids the Chief Justice of the Supreme Court from also being the head of the Judicial Council and replaced him with the Chief Justice of the Court of Cassation 20 Supreme Court Edit Main article Supreme Court of Iraq The Supreme Court is an independent judicial body that interprets the constitution and determines the constitutionality of laws and regulations It acts as a final court of appeals settles disputes amongst or between the federal government and the regions and governorates municipalities and local administrations and settles accusations directed against the President the Prime Minister and the Ministers It also ratifies the final results of the general elections for the Council of Representatives 21 Central Criminal Court Edit The Central Criminal Court of Iraq is the main criminal court of Iraq citation needed The CCCI is based on an inquisitorial system and consists of two chambers an investigative court and a criminal court citation needed Independent commissions and institutions EditThe Independent High Commission for Human Rights the Independent High Electoral Commission and the Commission on Integrity are independent commissions subject to monitoring by the Council of Representatives 22 The Central Bank of Iraq the Board of Supreme Audit the Communications and Media Commission and the Endowment Commission are financially and administratively independent institutions 23 The Foundation of Martyrs is attached to the Council of Ministers 24 The Federal Public Service Council regulates the affairs of the federal public service including appointment and promotion 25 See also Edit Iraq portalPolitics of Iraq Regions of Iraq Governorates of IraqReferences Edit Constitution of Iraq Section 1 Article 2 Constitution of Iraq Section 1 Article 1 Iraqi parliament approves federal law Reuters 2006 10 11 Retrieved 2008 04 18 dead link Constitution of Iraq Section 3 Chapter 2 Article 63 Constitution of Iraq Section 3 Chapter 2 Article 67 a b Constitution of Iraq Section 3 Chapter 2 Article 70 a b Constitution of Iraq Section 3 Chapter 2 Article 72 Constitution of Iraq Section 3 Chapter 2 Article 76 Constitution of Iraq Section 3 Chapter 2 Article 78 Constitution of Iraq Section 3 Chapter 2 Article 80 Constitution of Iraq Section 3 Chapter 1 Article 48 a b Chomani 13 August 2012 Iraq s Missing Federation Council Al Akhbar AFP Archived from the original on 10 October 2017 Retrieved 31 August 2012 Kobler listed his two other priorities as the selection of a new electoral commission to organize provincial elections planned for next year and the creation of an upper chamber of parliament known as the federation council which is referred to in Iraq s constitution but has not yet been implemented Constitution of Iraq Section 3 Chapter 1 Article 49 Constitution of Iraq Section 3 Chapter 1 Article 56 Constitution of Iraq Section 3 Chapter 1 Article 61 Constitution of Iraq Section 3 Chapter 1 Article 65 Constitution of Iraq Section 3 Chapter 3 Article 89 a b Constitution of Iraq Section 3 Chapter 3 Article 91 Constitution of Iraq Section 3 Chapter 3 Article 90 Sadah Ali Abel 18 February 2013 Iraqi Judicial Reforms Include Removal of Chief Justice Al Monitor Constitution of Iraq Section 3 Chapter 3 Article 93 Constitution of Iraq Section 3 Chapter 4 Article 102 Constitution of Iraq Section 3 Chapter 4 Article 103 Constitution of Iraq Section 3 Chapter 4 Article 104 Constitution of Iraq Section 3 Chapter 4 Article 107External links EditIraqi Government Official website in English and Arabic Iraqi Government Official Spokesman in English and Arabic President of Iraq in English Arabic and Kurdish Cabinet of Iraq in English and Arabic Prime Minister of Iraq in Arabic Parliament of Iraq Council of Representatives in English and Arabic Google identified malware Iraq Chief of State and Cabinet Members from the CIA Government of Iraq at Curlie Retrieved from https en wikipedia org w index php title Federal government of Iraq amp oldid 1122568565, wikipedia, wiki, book, books, library,

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