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| Constitution |
 Iraqportal |
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.
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]
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.
The executive branch is composed of the President and the Council of Ministers. [4]
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]
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]
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]
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]
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]
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.
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]
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]
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 ]
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]
Iraq is 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, the President of Iraq as the head of state, and legislative power is vested in the Council of Representatives.
Separation of powers refers to the division of a state's government into "branches", each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division into three branches of government, sometimes called the trias politica model, includes a legislature, an executive, and a judiciary. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative. In most non-authoritarian jurisdictions, however, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused.
The government of Italy is in the form of a democratic republic, and was established by a constitution in 1948. It consists of legislative, executive, and judicial subdivisions, as well as a Head of State, or President.
Chapter 9: Judiciary.Chapter 9 of the 1997 Constitution of Fiji is titled Judiciary. It is divided into twenty-two sections, setting out the composition and functions of the Judicial branch of the Fijian government.
The Law of Administration for the State of Iraq for the Transitional Period, also called the Transitional Administrative Law or TAL, was Iraq's provisional constitution following the 2003 Iraq War. It was signed on March 8, 2004 by the Iraqi Governing Council. It came into effect on June 28, 2004 following the official transfer of power from the Coalition Provisional Authority to a sovereign Iraqi government. The law remained in effect until the formation of the government in May 2006, when it was superseded by the permanent constitution that had been approved by referendum on October 15, 2005.
The Government of India, known as the Union Government or Central Government but often simply as the Centre, is the national authority of the Republic of India, a federal democracy located in South Asia, consisting of 28 union states and eight union territories. Under the Constitution, there are three primary branches of government: the legislative, the executive and the judiciary, whose powers are vested in a bicameral Parliament, President, aided by the Council of Ministers, and the Supreme Court respectively. Through judicial evolution, the Parliament has lost its sovereignty as its amendments to the Constitution are subject to judicial intervention. Judicial appointments in India are unique in that the executive or legislature have negligible say.
The Government of Pakistan constitutionally known as the Federal Government, commonly known as the Centre is the national government of the Islamic Republic of Pakistan, a federal parliamentary democratic republic consisting of four provinces, two autonomous territories, and one federal territory. Under the Constitution, there are three primary branches of a government: the legislative, whose powers are vested in a bicameral Parliament; the executive, consisting of the President, aided by the Cabinet which is headed by the Prime Minister; and the judiciary, with the Supreme Court.
Bahrain has had two constitutions in its modern history. The first one was promulgated in 1973, and the second one in 2002.
The Government of the Philippines has three interdependent branches: the legislative, executive, and judicial branches. The Philippines is governed as a unitary state under a presidential representative and democratic constitutional republic in which the president functions as both the head of state and the head of government of the country within a pluriform multi-party system.
The Constitution of the Republic of Iraq is the fundamental law of Iraq. The first constitution came into force in 1925. The current constitution was adopted on September 18, 2005 by the Transitional National Assembly of Iraq, and confirmed by constitutional referendum, held on October 15, 2005. It was published on December 28, 2005 in the Official Gazette of Iraq, in Arabic original, and thus came into force. Official translation for international use was produced in cooperation between Iraqi state authorities and the United Nations' Office for Constitutional Support. Since 2006, several proposals for adoption of various constitutional amendments were initiated. The Kurdish language is official at state level.
This Commission for the Administration of Justice of Malta is the national council of the judiciary of Malta. It is set up under the relevant provisions of the Constitution, and is chaired by the President of Malta.
The Federal Supreme Court of Iraq is the independent judicial body of Iraq that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final court of appeals, settles disputes among 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 Government of Japan consists of legislative, executive and judiciary branches and is based on popular sovereignty. The Government runs under the framework established by the Constitution of Japan, adopted in 1947. It is a unitary state, containing forty-seven administrative divisions, with the Emperor as its Head of State. His role is ceremonial and he has no powers related to Government. Instead, it is the Cabinet, comprising the Ministers of State and the Prime Minister, that directs and controls the Government and the civil service. The Cabinet has the executive power and is formed by the Prime Minister, who is the Head of Government. The Prime Minister is nominated by the National Diet and appointed to office by the Emperor.
The Judiciary of Bahrain is the court system of Bahrain. It is divided into three branches: the Civil Law Courts, the Criminal Law Courts and the Shari'a Law Courts. The Civil Law Courts deal with all commercial, civil, as well disputes related to the personal status of non-Muslims. The Shari’a Law Courts have jurisdiction over all issues related to the personal status of Muslims.
The judiciary of Iraq is a branch of the government of Iraq that interprets and applies the laws of Iraq, to ensure equal justice under law, and provides a mechanism for dispute resolution. The judiciary is composed of the Higher Judicial Council, the Supreme Court, the Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, the Supreme Iraqi Criminal Tribunal, the Central Criminal Court and other courts that are regulated by law.
The Tunisian Constitution of 2014 was adopted on 26 January 2014 by the Constituent Assembly elected on 23 October 2011 in the wake of Tunisia's Jasmine Revolution that overthrew President Zine El Abidine Ben Ali. It was passed on 10 February 2014, replacing the constitutional law of 16 December 2011 that temporarily formed the basis of government after the suspension of the Constitution of 1959.
The Supreme Judicial Council of Iraq is the supreme administrative authority responsible for the affairs of the judiciary in Iraq.
The Federal Supreme Court of Ethiopia is the highest court in Ethiopia. It was established by the Federal Democratic Republic of Ethiopia constitution in 1994 and is currently located in Addis Ababa. Article 78 of the Constitution establishes the judiciary and at the top is the FSC. By the Constitution, the Federal Supreme Court has "the power of cassation over any final court decision containing a basic error of law". In 2018, Prime Minister Abiy Ahmed appointed Meaza Ashenafi to be the first female president 03the Federal Supreme Court. Solomon Areda Waktolla was appointed as Vice President of the Federal Supreme Court. Both were resigned by the Parliament on 17 January 2023, and replaced by Tewdros Mihret and Abeba Embiale as Chief Justice and Deputy Chief Justice of the Supreme Court respectively.
Since the new constitution of Ethiopia enacted in 1995, Ethiopia's legal system consisted of federal law with bicameral legislature. The House of People's Representatives (HoPR) is the lower chamber of bicameral legislature of Federal Parliamentary Assembly with 547 seats and the House of Federation with 108 seats, the former vested on executive power of Prime Minister and the Council of Ministers, and the latter have authority to interpret federal law and oversees regional and federal decisions.
The judiciary of Ethiopia consists of dual system with parallel court structures: the federal and state courts having independent administration. The FDRE Constitution vested federal authority to the Federal Supreme Court which is cassation division and presides determining and overturning decisions made by the lower federal courts with itself has regular division assigned to review fundamental errors of law. Article 3, 4 and 5 stipulates the governance of federal courts over national and international aspects.
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.
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