Federal government of Iraq
Encyclopedia
The federal
government
of Iraq
is defined under the current Constitution
as an Islam
ic, democratic
, federal
parliamentary
republic
. The federal government is composed of the executive, legislative, and judicial branches, as well as numerous independent commissions.
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.
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.
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.
and the Council of Ministers
.
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." The President is elected by the Council of Representatives by a two-thirds majority, and is limited to two four-year terms. The President ratifies treaties and laws passed by the Council of Representatives, issues pardon
s on the recommendation of the Prime Minister
, and performs the "duty of the Higher Command of the armed forces for ceremonial and honorary purposes."
There also exists a Vice President which shall assume the office of the President in case of his absence or removal.
and his cabinet
. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet. 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.
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.
, the Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated by law. One such court is the Central Criminal Court
.
is the main criminal court
of Iraq
. The CCCI is based on an inquisitorial system
and consists of two chambers: an investigative court, and a criminal court.
, 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.
, the Board of Supreme Audit, the Communications and Media Commission
, and the Endowment Commission are financially and administratively independent institutions. The Foundation of Martyrs is attached to the Council of Ministers. The Federal Public Service Council regulates the affairs of the federal public service, including appointment and promotion.
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
of Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
is defined under the current Constitution
Constitution of Iraq
The Constitution of Iraq is Iraq's fundamental law.-History:Iraq's first constitution, which established a constitutional monarchy, entered into force under the auspices of a British military occupation in 1925 and remained in effect until the 1958 revolution established a republic...
as an Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic, democratic
Representative democracy
Representative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...
, federal
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
parliamentary
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
. The federal government is composed of the executive, legislative, and judicial branches, as well as numerous independent commissions.
Federalism Law
Article 114 of the Constitution of Iraq provided that no new region may be created before the Iraqi National Assembly has passed a law which provides the procedures for forming the region. A law was passed in October 2006 after an agreement was reached with the Iraqi Accord FrontIraqi Accord Front
The Iraqi Accord Front or Iraqi Accordance Front also known as Tawafuq is an Iraqi Sunni-Islamist political coalition created on October 26, 2005 by the Iraqi Islamic Party to contest the December 2005 general election...
to form the constitutional review committee and to defer implementation of the law for 18 months. Legislators from the Iraqi Accord Front
Iraqi Accord Front
The Iraqi Accord Front or Iraqi Accordance Front also known as Tawafuq is an Iraqi Sunni-Islamist political coalition created on October 26, 2005 by the Iraqi Islamic Party to contest the December 2005 general election...
, Sadrist Movement
Sadrist Movement
The Sadrist Movement is an Iraqi Islamist national movement led by Muqtada al-Sadr. The movement draws wide support from across Iraqi society and especially from the Shi'a poor in the country. The most important person in setting the goals and the philosophy of the movement was Grand Ayatollah...
and Islamic Virtue Party
Islamic Virtue Party
Islamic Virtue Party is an Iraqi political party. It follows ayatollah Muhammad Ya`qubi a student of Mohammad Sadeq al-Sadr and thus represent a branch of the Sadrist Movement, however the party is not affiliated with Muqtada al-Sadr and is in fact a rival to his branch of the Sadrists...
all opposed the bill.
Creating a new region
Under the FederalismFederalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
Law a region can be created out of one or more existing governorates
Governorates of Iraq
||Iraq is composed of 18 provinces :#Baghdād #Salāh ad-Dīn #Diyālā #Wāsit #Maysān #Al-Basrah #Dhī Qār #Al-Muthannā #Al-Qādisiyyah...
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
Law of Administration for the State of Iraq for the Transitional Period
The Law of Administration for the State of Iraq for the Transitional Period , was Iraq's provisional constitution following the 2003 Iraq War. It was signed on March 8, 2004 by the Iraqi Governing Council...
of the Iraqi Interim Government
Iraqi Interim Government
The Iraqi Interim Government was created by the United States and its coalition allies as a caretaker government to govern Iraq until the Iraqi Transitional Government was installed following the Iraqi National Assembly election conducted on January 30, 2005...
which limited it to three.
A new region can be proposed by one third or more of the council members in each affected governorate plus 500 voters or by one tenth or more voters in each affected governorate. A referendum must then be held within three months, which requires a simple majority in favour to pass.
In the event of competing proposals, the multiple proposals are put to a ballot and the proposal with the most supporters is put to the referendum.
In the event of an affirmative referendum a Transitional Legislative Assembly is elected for one year, which has the task of writing a constitution for the Region, which is then put to a referendum requiring a simple majority to pass.
The President, Prime Minister and Ministers of the region are elected by simple majority, in contrast to the Iraqi National Assembly which requires two thirds support.
Legislative branch
The legislative branch is composed of the Council of Representatives and a Federation Council. As at 2009, the Federation Council had not yet come into existence.Council of Representatives
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." The members are elected for terms of 4 years.The council elects the President of Iraq
President of Iraq
The President of Iraq is the head of state of Iraq 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." The President is elected by the Council of...
; 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.
Federation Council
The Federation Council will be composed of representatives from the regions and the governorates that are not organized in a region. The council is regulated in law by the Council of Representatives. As at 2009, the Federation Council had not yet come into existence.Executive branch
The executive branch is composed of the President / Presidency CouncilPresident of Iraq
The President of Iraq is the head of state of Iraq 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." The President is elected by the Council of...
and the Council of Ministers
Council of Ministers of Iraq
The Cabinet of Iraq is the executive branch of the government of Iraq.The National Assembly of Iraq elects a President of State who along with two deputies form the Presidency Council. The Presidency Council appoints the Prime Minister who appoints the Council of Ministers, all of whom must be...
.
President
The President of the Republic is the head of stateHead of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
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." The President is elected by the Council of Representatives by a two-thirds majority, and is limited to two four-year terms. The President ratifies treaties and laws passed by the Council of Representatives, issues pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s on the recommendation of the Prime Minister
Prime Minister of Iraq
The Prime Minister of Iraq is Iraq's head of government. Prime Minister was originally an appointed office, subsidiary to the head of state, and the nominal leader of the Iraqi parliament. Under the newly adopted constitution the Prime Minister is to be the country's active executive authority...
, and performs the "duty of the Higher Command of the armed forces for ceremonial and honorary purposes."
There also exists a Vice President which shall assume the office of the President in case of his absence or removal.
Presidency Council
The Presidency Council is an entity currently operating under the auspices of the "transitional provisions" of the Constitution. According to the Constitution, the Presidency Council functions in the role of the President until one successive term after the Constitution is ratified and a government is seated. The Presidency Council will have the additional power to send legislation back to the Council of Representatives for revision.Council of Ministers
The Council of Ministers is composed of the Prime MinisterPrime Minister of Iraq
The Prime Minister of Iraq is Iraq's head of government. Prime Minister was originally an appointed office, subsidiary to the head of state, and the nominal leader of the Iraqi parliament. Under the newly adopted constitution the Prime Minister is to be the country's active executive authority...
and his cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet. The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander-in-chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
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.
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.
Judicial branch
The federal judiciary is composed of the Higher Judicial Council, the Supreme CourtSupreme Court of Iraq
The Supreme Court of Iraq is the independent judicial body of Iraq that interprets the constitution and determines the constitutionality of laws and regulations...
, the Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated by law. One such court is the Central Criminal Court
Central Criminal Court of Iraq
The Central Criminal Court of Iraq, or CCCI, is a criminal court of Iraq. The CCCI is based on an inquisitorial system and consists of two chambers: an investigative court and a criminal court...
.
Higher Judicial Council
The Higher Judicial Council manages and supervises the affairs of the federal judiciary. It oversees the affairs of the various judicial committees, 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.Central Criminal Court
The Central Criminal Court of IraqCentral Criminal Court of Iraq
The Central Criminal Court of Iraq, or CCCI, is a criminal court of Iraq. The CCCI is based on an inquisitorial system and consists of two chambers: an investigative court and a criminal court...
is the main criminal court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
of Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
. The CCCI is based on an inquisitorial system
Inquisitorial system
An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense...
and consists of two chambers: an investigative court, and a criminal court.
Supreme Court
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 appealsCourt of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts 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.
Independent commissions and institutions
The 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. The Central Bank of IraqCentral Bank of Iraq
-History:The Central Bank of Iraq was established as Iraq's central bank by Central Bank of Iraq Law 2004 with authorised capital of 100 billion dinars. The current Governor of the Central Bank of Iraq is Sinan Al Shabibi.-Architecture:...
, the Board of Supreme Audit, the Communications and Media Commission
Iraqi Communications and Media Commission
The National Communications and Media Commission of Iraq was established in 2004 to monitor media and communications in Iraq....
, and the Endowment Commission are financially and administratively independent institutions. The Foundation of Martyrs is attached to the Council of Ministers. The Federal Public Service Council regulates the affairs of the federal public service, including appointment and promotion.
See also
- Politics of IraqPolitics of IraqThe politics of Iraq takes place in a framework of a federal parliamentary representative democratic republic. It is a multi-party system whereby the executive power is exercised by the Prime Minister of the Council of Ministers as the head of government, as well as the President of Iraq, and...
- Regions of Iraq
- Governorates of IraqGovernorates of Iraq||Iraq is composed of 18 provinces :#Baghdād #Salāh ad-Dīn #Diyālā #Wāsit #Maysān #Al-Basrah #Dhī Qār #Al-Muthannā #Al-Qādisiyyah...
External links
- Iraqi Government Official Spokesman (Arabic, English)
- President of Iraq (Arabic, Kurdish)
- Cabinet of Iraq (Arabic, English)
- Prime Minister of Iraq (Arabic)
- Parliament of Iraq (Council of Representatives) (Arabic, English) (Google-identified malware)
- Iraq Chief of State and Cabinet Members from the CIA