We have posted short articles as follows:
- Draft Kurdish Constitution
- Status of Revolutionary Command Council Resolutions
- Status of Coalition Provisional Authority Orders
- Constitutional Review Sub-Committee Report
- Constitutional Review Committee
- Federal Supreme Court Decisions
- Is Three a Crowd: Ending of Transitional Provisions after the 2010 Election
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 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
- 2005 Constitution – Arabic in booklet form from the Council of Representatives website
- 2005 Constitution – Kurdish in booklet form from the Council of Representatives website
- 2005 Constitution – English UN/US/UK agreed Final English Translation of Constitution 25 January, 2006) note that unfortunately this widely used translation is imperfect. Article 138(Fifth)(B) should read ‘majority’ not ‘majority of its members’
- Iraqi Council of Representatives Bylaws
- Transitional Law of Administration (signed on 8 March 2004 by the Iraqi Governing Council and came into effect on 28 June 2004)
- 1970 Interim Constitution
- 1925 monarchical constitution (subsequently amended on 29 July 1925 and on 27 October 1943)
Other Iraqi Legislation
- Law of Provinces No. 159 of 1969 (repealed)
- Formation of Regions Law No. 13 of 2008 (العربية)
- Law of Governorates not Organised into a Region No. 21 of 2008 (also known as the Provincial Powers Law) UNAMI translation (العربية)
- Governorates, Districts and Sub-Districts Election Law No. 36 of 2008 (العربية)
- General Census of Population and Housing Law No. 40 of 2008
- Law No. 44 of 2008 amending Law 36 of 2008 (العربية)
Kurdistan Region of Iraq
More information about the Draft Kurdistan Region Constitution can be found here.
- Iraqi Judicial Forum 2-4 October 2004 Judicial Review of the Constitution
- Brown, The Final Draft of the Iraqi Constitution: Analysis and Commentary, 16 September 2005
- Mallat, 19 Sept 2008 Legal Developments and Constitutional Structures in Iraq
- USAID Legal Policy Briefing Papers on the New Iraqi Constitution by Vijaya Samaraweera
- 1. New constitution of the Republic of Iraq : directives for specific legislative measures
- 2. TAL and order #71: Residuary law in Post-Constitution Iraq?
- 3. The constitution and sub-national governance : structural arrangements and authorities
- 4. Amending the constitution and law-making in post-constitution Iraq
- 5. The federal supreme court and judicial review
- 6. Provincial council elections