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Established in 2006 as a Community of Reality

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Portions of the Iraq Constitution

Bama Diva
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Portions of the Iraq Constitution Empty Portions of the Iraq Constitution

Post by Bama Diva on Thu 21 Feb 2013, 6:46 pm

The Federal Government

The federal government is composed of the executive, legislative, and judicial branches, as well as numerous independent commissions.

Legislative branch

The legislative branch is composed of the Council of Representatives and the Federation Council.[39]

Council of Representatives

Council of Representatives of Iraq
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."[40] The members are elected for terms of 4 years.[41]

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.

Federation Council

Main article: Federation Council of Iraq

The Federation Council is 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.[43]

Executive branch
The executive branch is composed of the President and the Council of Ministers.[44]

President

President of Iraq

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."[45] The President is elected by the Council of Representatives by a two-thirds majority,[46] and is limited to two four-year terms.[47] 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."[48]

There also exists a Vice President which shall assume the office of the President in case of his absence or removal.[49]
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[50] and a government is seated.[51]

Council of Ministers

Main articles: Prime Minister of Iraq and Council of Ministers of Iraq
The Council of Ministers is composed of the Prime Minister and his cabinet. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet.[52] 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.[53]
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.[54]

Judicial branch

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.[55] One such court is the Central Criminal Court.

Higher Judicial Council

Main article: Higher Judicial Council of Iraq

The Higher Judicial Council manages and supervises the affairs of the federal judiciary.[56] It oversees the affairs of the various judicial committees,[57] 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.[56]
[edit]Supreme Court

Supreme Court of Iraq

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.[58]

Central Criminal Court

Main article: Central Criminal Court of Iraq
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]

Independent commissions and institutions

The Independent High Commission for Human Rights, the Independent Electoral High Commission, and the Commission on Public Integrity are independent commissions subject to monitoring by the Council of Representatives.[59] 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.[60] The Foundation of Martyrs is attached to the Council of Ministers.[61] The Federal Public Service Council regulates the affairs of the federal public service, including appointment and promotion.[62]

Powers of the Federal Government

The federal government has exclusive power over:
Foreign policy and negotiation[63]
Fiscal and customs policy, currency, inter-regional and inter-governate trade policy, monetary policy, and administering a central bank[64]
Standards and weights,[65] naturalization,[66] the radio spectrum, and the mail[67]
The national budget[68]
Water policies[69]
The Census[70]
Welfare programs
Management of oil and gas, in cooperation with the governments of the producing regions and governates[71]
Powers shared with regional authorities:
regional customs
electrical power
environmental policy
public planning
health, and education
All powers not exclusively granted to the federal government are powers of the regions and governorates that are not organized in a region.[72] Priority is given to regional law in case of conflict between other powers shared between the federal government and regional governments.[72]
[edit]Regions
Chapter Five, Authorities of the Regions, describes the form of Iraq's federation. It begins by stating that the republic's federal system is made up of the capital, regions, decentralized provinces, and local administrations.

Part One: Regions

The country's future Regions are to be established from its current 18 governorates (or provinces). Any single province, or group of provinces, is entitled to request that it be recognized as a region, with such a request being made by either two-thirds of the members of the provincial councils in the provinces involved or by one-tenth of the registered voters in the province(s) in question.

Part Two: Provinces not organized into a Region

Provinces that are unwilling or unable to join a region still enjoy enough autonomy and resources to enable them to manage their own internal affairs according to the principle of administrative decentralization. With the two parties' approval, federal government responsibilities may be delegated to the provinces, or vice versa. These decentralized provinces are headed by Provincial Governors, elected by Provincial Councils. The administrative levels within a province are defined, in descending order, as districts, counties and villages.

Part Three: The Capital

Article 120 states that Baghdad is the Capital of the Republic, within the boundaries of Baghdad Governorate. The constitution makes no specific reference to the status of the capital and its surrounding governorate within the federal structure, stating merely that its status is to be regulated by law.

Part Four: Local Administrations

Consisting solely of Article 121, Part Four simply states that the constitution guarantees the administrative, political, cultural, and educational rights of the country's various ethnic groups (Turkmens, Assyrians, etc.), and that legislation will be adopted to regulate those rights

Continued.....................

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Bama Diva
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Portions of the Iraq Constitution Empty Duties of the President of Iraq

Post by Bama Diva on Thu 14 Mar 2013, 8:03 pm


Decided to bump this up to remind some of why Tali has to be back in Iraq when VII is lifted. :-)

President of Iraq

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."[45] The President is elected by the Council of Representatives by a two-thirds majority,[46] and is limited to two four-year terms.[47] 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."[48]
slj9999
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Portions of the Iraq Constitution Empty Re: Portions of the Iraq Constitution

Post by slj9999 on Thu 14 Mar 2013, 8:11 pm

Thank You Bama ;)

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Portions of the Iraq Constitution Empty Re: Portions of the Iraq Constitution

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