Iraq Transitional Constitution Signed - Sumamry
Iraqis joined in their interim national council have signed and published and promulgated their new interim constitution. It shall be the basic governing law for Iraq with that nation's sovereignty restored effective June 30 2004. It contains an enumerated Bill of Rights to protect basic individual freedoms; a specific divison of government powers; guarantees the Federation of Iraq and mobility within to the Arabic and Kurdish nations, also declaring two equal official state languages -Kurdish and Arabic; establishes Islam as the state religion - unequivocally - but by state authority guarantees the religious practices and freedom of beliefs of non-Islamic people. Further -the new constitution guarantees civilian direction of the military; outlaws military units other than national military active or reserve units -save where permitted by Federal Iraqi law; bars, like America, serving military personnel from seeking or holding civilan office. Bathist party members of rank -Division leader or higher - are forbidden from participating in office holding or elective office seeking - save where a specific indivdual exception is given. Religious freedom is guaranteed with other freedoms of belief; conscience; and thought. Homes, properties, individuals are protected against arbitrary arrest, search, or seizure; neutrally determined judicial warrants are required for searches; privacy intrusions arrests. No arrests may be made for political or religious purpose. Iraq's executive power is composed of its Presidency Council - which now appointed, will be elected. The National Assembly bears the legislative power; and a Supreme Court and lesser created law courts and existing courts recognized and joined by law to the judicial structure, shall comprise the independent judicial power. By division - each power of government shall be independent and mutually contributive and interdependent in the Iraqi government - and no official may hold an office or elected position in more than one branch of government. Certain internal territorial issues are tabled -deferred until reviewwed by the newly established government and until a full reviewable national census is taken. Provisions for recognizing citizenship are established - including verifiication of citizenship claims. No sex, race, or ethnic discrimination or exclusionary differentation by law is permitted with constitution. Socialism as conceived in an Islamic state - whereby necessary benefits of life are afforded by society to every citizen are constitutionally guaranteed. Basically these would be: food; shelter; education; health care; livelihood (insofar as possible). So too, is granted the guarantee of private property in ability to own and convey securely with compensation when takings occur for public necessity. Elections, to the fullest, are to be held no later than July 2005; and as early as December 2004. Taxes are not set or imposed except by law under this constitution. The document, effective as law June 30, 2004; re-establishes full Iraqi national soverignty. Links below for the text of the Constituion at the Coalition Provisional Authority website in English, Arabic; and Kurdish: Iraq Coalition Provisonal Authority http://www.cpa-iraq.org/government/TAL.html - Full Text here |
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