Constitutional Review and Priority Legislation

We have posted short articles as follows:

Iraq has had two constitutions – the monarchical constitution of 21 March 1925 introduced by the British (amended on 29 July 1925 and on 27 October 1943) and the present constitution approved by referendum on 15 October 2005. After the fall of the monarchy in 1958, a series of interim or provisional constitutions followed in 1958, The National Revolutionary Command Council Law No. 25 of 1963, 1964, National Revolutionary Command Council Laws No. 61 of 1964, No. 173 of 1964, No. 137 of 1965, 1968 and 1970 (RCC Resolution 792 of 1970, amended by RCC Resolutions 567 of 1973, 247 of 1974, 928 of 1979, 385 of 1980, 836 of 1982, 196 of 1985, 1130 of 1985, 700 of 1987, 630 of 1988, 83 of 1991, 336 of 1991, 398 of 1991, 15 of 1993, 460 of 1992 and 112 of 2000)*. In 1990/1991 draft constitutions were drafted but do not appear to have been promulgated.

The CPA did not ever expressly repeal or set aside the 1970 interim constitution. However it effectively replaced the Revolutionary Command Council as the legislative power following CPA Regulation 1 and remained so until the transfer of powers to the Interim Iraqi Government under CPA Order 100.

The Transitional Administration Law (TAL) was signed on 8 March 2004 by the Iraqi Governing Council (IGC) and came into effect on 28 June 2004. An annex to the TAL was signed by the IGC on 1 June 2004.

The constitutional documents are listed with links to the texts at the Niqash website and also at the Iraqi Judicial Authority website.

The Council of Representatives set up a Constitutional Review Committee under Article 142 of the constitution. For further details see here. A sub-committee was formed in May 2009 – see further here.

The Constitutional Review Committee sub-committee’s report suggesting amendments to the Constitution is available from the the Council of Representatives website (also from Sheikh Humam Hamoudi‘s website here). 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.

The interpretation of the constitution is the function of the Federal Supreme Court. Further information can be found here.

*A large number of these amendments are alterations to oaths taken upon assuming office.

Iraqi Constitutional Texts

Other Iraqi Legislation

Kurdistan Region of Iraq

More information about the Draft Kurdistan Region Constitution can be found here.


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