Federal Supreme Court Opinion on Article 76 of the Constitution concerning the nomination of the Prime Minister

On 25 March 2010, the Federal Supreme Court issued opinion 25 of 2010 on the meaning of Article 76 of the constitution, the first part of which reads:

The President of the Republic shall charge the nominee of the largest Council of Representatives bloc with the formation of the Council of Ministers within fifteen days […]

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The Election is over – and so what happens next?

The order of events will be: ratification of results, the call to the Council of Representatives to convene, the election of a speaker, the election of the new President, the nomination and approval of the Council of Ministers.

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Qualification of Parliamentary Candidates

A candidate for election to the Council of Representatives must be an Iraqi (Article 49(2) of the Constitution) who is not permitted to combine the office with any work or other official position (Article 49(6)).

Article 6 of the Election Law No. 16 of 2005 states that:
A candidate must be a voter [i.e. registered […]

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Is three a crowd?

Reider Visser in The National on 18 February 2010 brings light to an underlooked raft of impending organisational changes to the governance of Iraq after the 7 March election.
Many of the transitional provisions contained in Section 6, Chapter 2 of the 2005 Constitution, commencing at Article 132, will no longer apply to […]

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Special Courts and Tribunals

The normal Federal Judiciary is described here. This post lists the courts and tribunals outside the administration of the Higher Judicial Council.

Article 95 of the Constitution states that:
The establishment of special or extraordinary courts is prohibited.

Article 15(I) of the Transitional Administrative Law (TAL) had stated:
Civilians may not be tried before […]

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Status of Revolutionary Command Council resolutions, laws, decisions and decrees

After the 1958 Revolution, Iraq had a series of interim or temporary constitutions.

The Revolutionary Command Council as a legislative power came into being in 1963, pursuant to Law No. 25 of 1963 which was replaced by Law No. 61 of 1964, amended by Law No. 173 of 1964 and then repealed by Law No. […]

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Constitutional Review Committee Report

The Constitutional Review Committee sub-committee’s report suggesting amendments to the Constitution is available from the the Council of Representatives website. The document is in the form of a marked up copy of the existing constitution. Blue text is said to represent amendments and red text additions. There are also comments contained in boxes.

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Status of Coalition Provisional Authority Regulations, Orders, Memoranda and Notices

All CPA Regulations, Orders, Memoranda and Notices can be found on the CPA Official Archive site.*

The CPA legislated by edicts signed by Paul Bremer, the ‘Administrator’. Regulation Number 1 signed 16 May 2003, states that it is made “Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA) relevant UN Security Council […]

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