Iraq draft Constitution courtesy of the New York Times:
PREAMBLE
We the sons of Mesopotamia, land of the (messengers), prophets, resting place of the holy imams, the leaders of civilization and the creators of the alphabet, the cradle of arithmetic: on our land, the first law put in place by mankind was written; in our nation, the most noble era of justice in the politics of nations was laid down; on our soil, the followers of the prophet and the saints prayed, the philosophers and the scientists theorized and the writers and poets created.
Recognizing God’s right upon us; obeying the call of our nation and our citizens; responding to the call of our religious and national leaders (and our national forces and politicians) and the insistence of our great religious authorities and our leaders and our reformers,
we went by the millions for the first time in our history to the ballot box, men and women, young and old, on Jan. 30, 2005, remembering the pains of the despotic band’s sectarian oppression;
inspired by the suffering of Iraq’s martyrs — Sunni and Shiite, Arab, Kurd and Turkomen, and the remaining brethren in all communities — inspired by the injustice against the holy cities (and the south) in the popular uprising and (burnt with the sorrows of the mass graves, the marches and Dujail and others); recalling the agonies of the national oppression in the massacres of Halabja, Barzan, Anfal and against the Faili Kurds; inspired by the tragedies of the Turkomen in Bashir,
and as in other parts of Iraq, (the people of the western region have suffered from the liquidation of its leaders, symbols, tribal leaders and displacing its intellectuals, so we worked hand in hand and shoulder to shoulder) to create a new Iraq, Iraq of the future, without sectarianism, racial strife, regionalism, discrimination and (elimination).
Terrorism and “takfir” (Editors Note: takfir means to declare someone an infidel) did not divert us from moving forward to build a nation of law.
Sectarianism and racism did not stop us from marching together to strengthen our national unity, set ways to peacefully transfer power, adopt a manner to fairly distribute wealth and give equal opportunity to all.
We the people of Iraq, newly arisen from our disasters and looking with confidence to the future through a democratic, federal, republican system, are determined — men and women, old and young — to respect the rule of law, reject the policy of aggression, pay attention to women and their rights, the elderly and their cares, the children and their affairs, spread the culture of diversity and defuse terrorism.
We are the people of Iraq, who in all our forms and groupings undertake to establish our union freely and by choice, to learn yesterday’s lessons for tomorrow, and to write down this permanent constitution from the high values and ideals of the heavenly messages and the developments of science and human civilization, and to adhere to this constitution, which shall preserve for Iraq its free union of people, land and sovereignty.
CHAPTER ONE: BASIC PRINCIPLES
Article (1): The Republic of Iraq is an independent, sovereign nation, and the system of rule in it is a democratic, federal, representative (parliamentary) republic.
Article (2):
1st — Islam is the official religion of the state and is a basic source of legislation:

Comment: But NOT the only source of legislation.
2nd — This constitution guarantees the Islamic identity of the majority of the Iraqi people and the full religious rights for all individuals and the freedom of creed and religious practices like (Christians, Yazidis, Sabaean Mandeans.)
Comment: Religious rights for all.
Article (5): The law is sovereign, the people are the source of authority and its legitimacy, which they exercise through direct, secret (general) ballot and its constitutional institutions.
Comment: POWER TO THE PEOPLE!!!
Article (6): Government should be rotated peacefully through democratic means stipulated in this constitution.
No Comment Necessary!
Article (7):
1st — Entities or trends that advocate, instigate, justify or propagate racism, terrorism, “takfir” (Editors Note: takfir means to declare someone an infidel), sectarian cleansing, are banned, especially the Saddamist Baath (eliminates the word Party from previous text) in Iraq and its symbols, under any name. It will be not be allowed to be part of the multilateral political system in Iraq, which should be defined according to the law.
Comment: I find it interesting that the Iraqi founders confidently banned Sadaams old Socialistic party. I wonder if America had had the confidence to do the same back in the fifties when certain Patriots and Freedom lovers who recognized Communism, Socialism, and Marxism as a revolutionary force designed to overthrow the capitalistic system in place in America were calling for the banning of Communism as a recognized party what would have happened? Someone like Ward Churchill never would have been coddled, enabled, and tolerated because he would have been recognized as the true threat that he is.
2nd — The state will be committing to fighting terrorism in all its forms and will work to prevent its territory from being a base or corridor or an arena for its (terrorism’s) activities.
Comment: Amen and AMEN!
Article (8): Iraq shall abide by the principles of good neighborliness and by not intervening in the internal affairs of the other countries, and it shall seek to peacefully resolve conflicts and shall establish its relations on the basis of shared interests and similar treatment and shall respect its international obligations.
Comment: No more invasion of sovereign nations. Kuwait can rest easy!
Article (9):
1st — (a) The Iraqi armed forces and security apparatuses consist of the components of the Iraqi people, keeping in consideration their balance and representation without discrimination or exclusion. They fall under the command of the civil authority, defend Iraq, don’t act as a tool of oppression of the Iraqi people, don’t intervene in political affairs and they play no role in the rotation of power.
(b) Forming military militias outside the framework of the armed forces is banned.
(c) The Iraqi armed forces and its personnel — including military personnel working in the Defense Ministry and in any offices or organizations subordinate to it — are not allowed to run as candidates in elections for political office. They should not engage in election campaigning for candidates and should not take part in activities forbidden by the regulations of the Defense Ministry. This ban includes the activities of the previously mentioned individuals acting in their personal or professional capacities, but does not include their right to vote in the elections.
d) The Iraqi national intelligence service shall gather information and assess threats to national security and offers advice to the Iraqi government. It is under civilian control; it is subjected to the supervision of the executive authority; it operates according to the law and to recognized human rights principles.
e) The Iraqi government shall respect and implement Iraq’s international commitments regarding the nonproliferation, non-development, non-production, and non-use of nuclear, chemical, and biological weapons. Associated equipment, material, technologies, and communications systems for use in the development, manufacture, production, and use of such weapons shall be banned.
2nd — Military service shall be regulated by a law.
Comment: Sounds like the Military will be “well-regulated”
1st — This constitution shall be considered as the supreme and highest law in Iraq. It shall be binding throughout the whole country without exceptions.
Comment: Rule of Law, it’s a beautiful thing!
FIRST: Civil and political rights.
Article (14): Iraqis are equal before the law without discrimination because of sex, ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status.
Article (15): Every individual has the right to life and security and freedom, and cannot be deprived of these rights or have them restricted except in accordance to the law and based on a ruling by the appropriate judicial body.
Article (16): Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary steps to achieve this.
Comment: Civil rights – Thank you Thomas Jefferson!
Article (17):
1st — Each person has the right to personal privacy as long as it does not violate the rights of others or general morality.
Comment: Interesting phrase; General Morality, I like it.
2nd — The sanctity of the home is protected. They cannot be entered or searched or violated except by judicial decision and in accordance with the law.
Article (18):
1st — An Iraqi is anyone who has been born to an Iraqi father or an Iraqi mother.
Comment: Defines citizenship
3rd — Trial by judiciary is a right protected and guaranteed to all.
4th — The right to defense is holy and guaranteed in all stages of investigation and trial.
5th — The accused is innocent until his guilt is proven in a just, legal court. The accused cannot be tried for the same accusation again after he has been freed unless new evidence appears.
6th — Every individual has the right to be treated in a just manner in all judicial and administrative procedures.
7th — Court sessions will be open unless the court decides to make them secret.
8th — Punishment is for individuals.
Comment: A great clarity comes up in a people when they have not enjoyed these sorts of rights under a despot – these rules will protect the rights of individuals acused of crimes.
(b) Arrest or imprisonment is not allowed in places other than those designated for that according to prison laws that are covered by health and social services and are under the control of the state.
3rd — Political asylum shall not be granted to those accused of committing international or terror crimes or to anyone who has caused Iraq harm.
Comment: Iraq is no more a safe haven for Terrorists!
SECOND: Economic, social and cultural rights
Article (23):
1st — Private property is protected and the owner has the right to use it, exploit it and benefit from it within the boundaries of the law.
Comment: Some of America’s founders wanted our declaration to read Life, liberty, and the pursuit of property! But changed it to Happiness. Property rights are the foundation of a civil society.
Article (29):
1st– (a) The family is the foundation of society and the state should preserve its (Editors Note: the family’s) existence and ethical and religious value.
(b) The state shall guarantee the protection of motherhood, childhood and old age and shall take care of juveniles and youths and provide them with agreeable conditions to develop their capabilities.
2nd — Children have the right to upbringing, education and care from their parents; parents have the right to respect and care from their children, especially in times of want, disability or old age.
3rd — Economic exploitation of children in any form is banned and the state shall take measures to guarantee their protection.
4th — Violence and abuse in the family, school and society shall be forbidden.
Comment: This reminds me of another great document – The Proclamation on the Family
2nd — The state guarantees protection and preservation of the environment and biological diversity.
Comment: Conservation was never on Sadaams mind!
Article (34):
1st — Education is a main factor for the progress of society and it is a right guaranteed by the state. It is mandatory in the primary school and the state guarantees fighting illiteracy.
2nd — Free education is a right for Iraqis in all its stages.

Comment: The beauty of this principle is self-evident
PART TWO: Freedoms

Comment: No need to comment on these freedoms, they are just simply perfect.
Article (35):
1st — (a) The freedom and dignity of a person are protected.
(b) No one may be detained or investigated unless by judicial decision.
(c) All forms of torture, mental or physical, and inhuman treatment are forbidden. There is no recognition of any confession extracted by force or threats or torture, and the injured party may seek compensation for any physical or mental injury that is inflicted.
2nd — The state is committed to protecting the individual from coercion in thought, religion or politics.
3rd — Forced labor, slavery and the commerce in slaves is forbidden, as is the trading in women or children or the sex trade.
Article (36): The state guarantees, as long as it does not violate public order and morality:
1st — the freedom of expressing opinion by all means.
2nd — the freedom of press, publishing, media and distribution.
3rd — freedom of assembly and peaceful protest will be organized by law.
Article (37):
1st — Freedom to establish and belong to political organizations and parties is guaranteed, and it will be organized by law.
2nd — No person can be forced to join or remain a member of a political party or organization.
Article (38): The freedom of communications and exchanges by post, telegraph, telephone and by electronic and other means is guaranteed. They will not be monitored or spied upon or revealed except for legal and security necessity in accordance with the law.
Article (39): Iraqis are free in their adherence to their personal status according to their own religion, sect, belief and choice, and that will be organized by law.
Article (40): Every individual has freedom of thought, (conscience and ideology.)
Article (41):
1st — The followers of every religion and sect are free in:
(a) the practice of their religious rites, including the Husseiniya Rites (Editors Note: these are Shiite rites.) (b) the administration of religious endowments and their affairs and their religious institutions, and this will be organized by law.
2nd — The state guarantees freedom of worship and the protection of its places.
Article (42):
1st — The Iraqi citizen has freedom of movement and travel and residence within Iraq and outside it.
2nd — No Iraqi can be exiled or forced out or forbidden to return to his nation.
Article (45): Restricting or limiting any of the freedoms and liberties stated in this constitution may only happen by, or according to, law and as long as this restriction or limitation does not undermine the essence of the right or freedom.
CHAPTER THREE: THE FEDERAL AUTHORITIES
Article (46): Federal authorities are made up of legislative, executive and judicial authorities and practice their specialties and duties on the basis the separation of power.
Comment: Thank you American Founding Fathers for the simplicity, beauty, and integrity of the principle of Federalism and the control of the Federal Government by a seperation of powers. The Iraqis know better than most what happens when the man in charge has no checks and balances.
Article (49): Members of the Council of Representatives shall take the constitutional oath in front of the council before starting their work, as follows:
“I swear by God almighty to carry out my legal duties and responsibilities with dedication and devotion and to preserve the independence and sovereignty of Iraq and to look after the interests of its people and to see to the safety of its land, sky, water, wealth and democratic, federal system and to work to preserve the public and private freedoms and the independence of the judiciary and to abide by honestly and impartially implementing the legislation. God is the witness of what I say.”
Comment: I LOVE Oaths and Covenants! This one was particularly good.
Article (50): The Council of Representatives shall establish an internal system to regulate its work.
The Council of Representatives is given the following duties:
1st — Legislating federal laws.
2nd — Overseeing the performance of the executive authority.
3rd — Certifying treaties or international agreements by a two-thirds majority of the members of the Council of Representatives, as will be regulated by law.
(4th — Electing the president of the Republic)
5th– Approving the appointments of:
(a) the head and members of the Federal Cassation Court, the head of the General Prosecutors Office and the head of the Judiciary Inspection Department by absolute majority, based on the recommendation of the Supreme Judicial Council.
(b) ambassadors and those with special ranks, based on the recommendation of the Cabinet.
(c) the army chief of staff, his deputies and those who hold the title of division leader and up, the head of the intelligence service, based on the recommendation of the Cabinet.
6th — (a) Questioning the president of the republic based on a request that mentions the reason for questioning, passed by an absolute majority of the Council of Representatives.
(b) Relieving the president of the republic of his duties by absolute majority of the members of the Council of Representatives after he has been convicted from the Supreme Federal Court in one of the following cases:
1 — Violating the constitutional oath.
2 — Violating the constitution.
3 — Grand treason.
7th– (a) A member of the Council of Representatives has the right to ask the prime minister and the ministers questions about any subject that falls under any their specialties, and each has the right to answer the members. He/she who asks the question is the only one who has the right to comment on the answer.
(b) At least 25 members of the Council of Representatives may propose a general topic for discussion to clarify the policy or performance of the Cabinet or one of the ministries, and it is then presented to the president of the Council of Representatives, and the prime minister or the ministers set a date to come before the Council of Representatives to discuss it.
(c) A member of the Council of Representatives, with the approval of 25 members, may direct an interpellation to the prime minister or the ministers to hold them accountable for the affairs under their specialty. Discussing the interpellation may not take place before seven days from the date it was submitted.
8th — (a) The Council of Representatives may withdraw confidence from a minister by absolute majority, and he/she is considered (resigned) from the date of the withdrawal of confidence. The issue of confidence in a minister can only be put forth at his request or because of a request signed by 50 members as a result of discussing an interpellation directed to him. The council may not decide on the request except after at least seven days from the day it has been submitted.
Comment: Wonder how long Mr. Hussein would have stayed in power under these rules???
Article (64): The federal executive authority consists of the president of the republic and the Cabinet. It carries out its authorities based on the constitution and the law.
FIRST, The President.
Article (65): The president of the republic is the president of the country and the symbol of the nation’s unity and represents the sovereignty of the country and oversees the guarantees of adherence to the constitution, the preservation of Iraq’s independence and unity and the security of its territory, in accordance with the law.
Comment: I loved this definition of the president, I wonder if certain American Presidents would have qualified, our president during the nineties had some serious problems with following constitutional law, and was a national embarassment.
1st — The Council of Representatives selects from among the candidates a president of the republic by a two-thirds majority.
Comment: I guess the electoral college in America now has a similar body in Iraq.
1st — The work of the security apparatuses and the intelligence service shall be fixed by law; their duties and powers shall be specified and they shall work according to the principles of human rights and shall be subjected to the supervision of the Council of Representatives.
Comment: No more Iraqi Gestapo!
PART THREE: THE JUDICIARY
Article (85): The judiciary is independent and will be represented by courts of different kinds and levels, and they will issue their rulings according to law.
Article (86): Judges are independent, with no authority over them in their rulings except the law. No authority can interfere in the judiciary or in the affairs of justice.
Article (87): The federal judiciary will include the Supreme Judiciary Council, the Supreme Federal Court, the Federal Cassation Court, the Prosecutor’s Office, the Judiciary Inspection Department and other federal courts that are organized by law.
FIRST: The Supreme Judiciary Council
Article (88): The Supreme Judiciary Council will administer judicial affairs in accordance with the law.
Article (89): The Supreme Judiciary Council will exercise the following powers:
1st — administering and supervising the federal judiciary system.
2nd — nominating the head (and members) of the Federal Cassation Court, the chief prosecutor and the head of the Judiciary Inspection Department, and presenting them to parliament for approval.
3rd — proposing the annual budget for the federal judiciary system and presenting it to parliament for approval.
SECOND: The Supreme Federal Court
Article (90):
1st — The Supreme Federal Court is an independent judicial body, financially and administratively.
2nd — The Supreme Federal Court will be made up of a number of judges and experts in (Islamic Jurisprudence) and law, whose number and manner of selection (work) will be defined by a law that should be passed by two-thirds of the parliament members.
Article (96): It is forbidden for a judge or a member of the prosecution to:
1st –simultaneously hold a judicial position and a legislative or executive position or any other job.

Comment: Looks like there will be no legislating from the bench in Iraq!
2nd — belong to any party or political organization or engage in any political activity.
Article (97): The military judiciary shall be fixed by law and the responsibilities of the military courts, which are limited to crimes with a military nature committed by members of the armed forces and security forces, shall be specified within the limits of the law.
Article (98): It is forbidden to legislate into a law provisions protecting any administrative action or decision from being challenged in court.
Article (99): It is permissible by law to establish a state council to handle the tasks of the administrative judiciary, advising, phrasing, representing the state and all other public associations in front of the judiciary, except what the law exempts.
PART FOUR: INDEPENDENT ASSOCIATIONS
Article (100): The Supreme Commission for Human Rights and the Supreme Independent Commission for Elections and the Integrity Agency are considered independent associations subject to the supervision of the Council of Representatives. Their work is regulated by law.
Article (101):
1st — The Iraqi Central Bank, the Financial Inspection Office, the media and communications agency, and the offices of (religious) endowments are considered financially and administratively independent associations. Each of their activities is regulated by law.
Comment: This move effectively cuts off all governmental control of the media!
CHAPTER FOUR: POWERS OF THE FEDERAL AUTHORITIES
Article (107): The federal authority will maintain the unity of Iraq, its integrity, independence, sovereignty and its democratic federal system.
2nd — The federal government and the governments of the producing regions and provinces together will draw up the necessary strategic policies to develop oil and gas wealth to bring the greatest benefit for the Iraqi people, relying on the most modern techniques of market principles and encouraging investment.
Comment: Free Markets are the key to Freedom!
6th — drawing up general education and childbearing policy, in consultation with the regions (and the provinces that didn’t make it into a region.)
Comment: Wondering what childbearing policy will entail?
1st — This constitution, when implemented, shall endorse the region of Kurdistan and its existing power as a federal region.
The region writes a constitution for itself, defines the structure of the region’s powers and its authorities as well as the mechanism of using these powers in a way that does not run contrary to the constitution.)
Comment: Is a region similar to one of our states? Or is it a new country? Need to figure that one out.
Article (118):
1st — The governments of regions have the right to practice legislative, executive and judicial powers according to this constitution, except in what is listed as exclusive powers of the federal authorities.

Comment: Sounds like a region is similar to a state.
(PART THREE: THE CAPITAL)
Article (121): Baghdad with its administrative boundaries is the capital of the republic of Iraq, and it consists of the province of Baghdad with its administrative boundaries, and its status is regulated through a law (and it is not permissible for the capital to join a region.)
Article (124): It is not permitted for the president of the republic, the prime minister and Cabinet, the president of the Council of Representatives and its members and delegates, members of the judicial authority and holders of special positions to use their influence to buy or rent anything from the finances of the state or to sell or rent to the state anything from their own finances or to bring suit against the state over these things or to strike contracts with the state in their capacity as concessionaires, importers or contractors.
Comment: No more OIL FOR FOOD?? Go Iraq Go!
SECOND: TRANSITIONAL GUIDELINES
Article (129):
1st — The state guarantees the welfare of political prisoners and those who were harmed by the practices of the former dictatorial regime.
2nd — The state guarantees compensation to the families of martyrs and those who were wounded by terrorist acts.
3rd — What is provided for in these 1st and 2nd clauses will be regulated by law.
Comment: I love how over and over again, the Iraqi government will help those who have been hurt by the actions of past governments and the current atrocities committed by Terrorists!
Article (132):
1st — The National De-Baathification Committee will continue its work as an independent body in coordination with the judiciary and the executive authorities in the framework of law regulating its work. The committee is linked to the Parliament.
Comment: Does the American Media even KNOW that Iraq has a De-Baathification Committee?? And how would it be if America started a similar De-Marxification Committee here at home??? I know, I know, the Ivy League would crumble, and most of the book publishing companies in America would have to be sent to Cuba to contine working, but how exciting to just purge our country of its fetish with Collectivism!
(Article (138): The Transitional Administration Law for the Iraqi State and its appendix are voided upon creation of the new government, except for what appears in paragraph (a) of Article 53 and Article 58 of the Transitional Administration Law.)
Comment: Thanks for serving a wonderful purpose Transnational Administration! You have all done an exceptional job amidst a war, and the greatest threats possible. Talk about voter intimidation! I have never worried about being SHOT when I went to the polls. The world will never forget the courage of the Iraqi people in January of 2005. It will always remain a day that epitomized the triumph of the human spirit in my memory!
Jenny Hatch
PS – In this analysis I took out most of the rules and tasks, and just commented on those sections of the constitution that I wanted to note for my own personal reasons. This analysis was in no way complete, and was done mostly in my noisy home surrounded by my five children and husband as we went about the normal rigors of daily life. I am not an attorney or an analyst. I just wanted to share my immediate reactions upon reading it for the first time, and thank Mark Steyn for giving me the gumption/desire to do so.
Link to the Iraq draft Constitution – Go Here
Link to the American Constitution – Go Here
Other important Freedom Documents – Go Here
Read the Introduction to this Blog