Iraq is a country located in Western Asia and is a part of the Middle East, it borders the countries of Iran, Turkey, Syria, Jordan, Saudi Arabia, and Kuwait, the country also has a small strip of land that stretches to the coast of the Persian Gulf, giving Iraq a small area of access to the wider ocean. The capital city Baghdad is located in the central West of the country some way from the Iranian border.
As is well known in current times the country has been fairly unstable and chaotic since the fall of Saddam Hussein with warring factions, civil strife, international military operations, militias some of whom used as proxies by larger regional powers, and Islamic extremist groups, with one of the most recently notable being the Islamic State, which gained a foothold in the country from instability caused by civil war in neighboring Syria. Many areas of Iraq continue to remain unstable, and attacks, civil unrest, and military confrontations are not uncommon.
Iraq is in an area considered a cradle of civilisation, similar to Iran and other neighboring countries, which is due to the presence of the Tigris and Euphrates Rivers. As such remnants of ancient cities can be found in Iraq such as Uruk, and many, many civilisations such as various Caliphates, regions, and Empires have risen and fallen where modern-day Iraq is. This extensive part of ancient history from at least the 6th millennium BC has seen peoples, empires, and caliphates such as Median, Assyria, the Hellenistic Empire, Parthian, Sassanid and Roman Empires, Rashidun, Umayyad and Abbasid Caliphates, the Ayyubid Dynasty, the Seljuk, Mongol, Timurid, and Safavid Empires, the Afsharid Dynasty, and the Ottoman Empire.
During Ottoman rule modern-day Iraq was made up of three provinces or vilayets within the empire, after the fall of the Ottoman Empire after the First World War the partition of the Empire led to the creation of Iraq via a British mandate in the League of Nations, on April 20th 1920. The three vilayets became the Kingdom of Iraq which was administered by the British Empire, Faisal the I was made king of Iraq, part of the Hashemite family, which brought Iraq and Jordan into a union of sorts. The United Kingdom granted the Kingdom of Iraq independence in 1932.
The monarchy would be overthrown by an Arab nationalist anti-British coup in 1958 related also to other economic and political tensions that had sprung in-part from World War II, this coup came only six months after the King established the Hashemite Arab Federation between Iraq and Jordon in a failed attempt to ease the growing tensions, this coup was also known as the 14 July Revolution and Iraq became a Republic, this led to the Arab Socialist Ba’ath Party coming into power from 1968, and this would lead to Saddam Hussein coming into power from 1979 as the country’s fifth President.
In 1980 Iraq invaded Iran starting the Iran-Iraq War which caused serious and devastating losses for both sides and ended in a stalemate, the goal of Iraq was to exploit any weakness following Iran’s Islamic Revolution and prevent a threat from the Shia dominated country, as the Ba’ath Party itself was Sunni dominated, Iraq also wished to become a dominant power in the region. A UN mandated ceasefire put an end to the war, but both sides claim victory, no territorial changes happened.
In August 1990 the Iraqi Army under Saddam Hussein invaded and occupied Kuwait, leading to a military response from a coalition of western countries led by the United States starting the Gulf War, Iraq had occupied Kuwait over failed negotiations for Kuwait to forgive Iraq’s debt owed to it, and also over territorial and oil disputes, it was also notable that Iraq was in a desperate economic situation following the Iran-Iraq War. The Gulf War led to the liberation of Kuwait.
Saddam Hussein and the Ba’ath Party would remain power up until 2003 where a United States-led coalition of Western powers invaded Iraq on the pretext of seizing weapons of mass destruction, such as which were never found, the invasion led to the overthrow of the Ba’ath Party and the death of Saddam Hussein. The invasion is still seen as highly controversial to this day with many justifying or questioning justification of it and accusing the US and other powers of having alternative hidden motives, and also blaming its result on further destabilization and rise of Islamic extremist groups in the Middle East. Following the invasion, a new constitution was drafted and adopted following multi-party elections held in 2005 and the US kept a long presence in the country, defending the Iraqi government from various militia, Islamist extremist, and factional groups, this presence begun to be scaled down in 2011.
The withdrawal though has since led to an ongoing insurgency in the country, which has intensified and led to further destabilization, with the Syrian Civil War leading to further chaos spilling over the border. This led to the rise of ISIL in Iraq, the group took large swathes of the north and west of the country under its control, although the group has largely lost most of its territory in the country now following internationally-backed military responses. Nonetheless the country remains unstable from various internal groups, civil unrest, and regional proxy operations such as from Iran.
By far the largest religion in Iraq is Sunni Islam which is also the country’s official religion and of which no laws can go against established provisions of Islam, although freedom for other religions to practice is given by the constitution. There are various ethnic groups, with the two largest being Arabs and Kurds, the Kurds themselves have often advocated for autonomy in the country and even full sovereignty. The official languages are Arabic and Kurdish, other officially recognised languages include Turkmen, Neo-Aramaic Syriac, and Armenian. The country’s currency is the Iraqi dinar, and the country’s population currently stands at over 40,834,000+.
Government Type
Today Iraq is a federation of regions and governorates headed by a singular federal government which is a semi-presidential Republic with a President who is Head of State and a Prime Minister who is Head of Government. The federal parliament of Iraq is made up of a single unicameral chamber called the Council of Representatives. There also exists a Federation Council for legislative cooperation between Governorates and Regions at a federal level. Multiple parties are allowed.
Entities or programs, including political parties, that adopt, incite, glorify, promote, or justify racism, terrorism, accusations of being an infidel or ethnic cleansing, including the Saddamist Ba’ath in Iraq and its symbols, under any name, are not allowed.
As Iraq is a federation this means regions and provinces within Iraq receive self-governing and legislative rights, all ruled over and overseen by a federal government and legislature, whereby state/province laws cannot come into conflict with the federal laws and constitution. As it stands there are 19 provinces (also called governorates), three of which makes up the autonomous Kurdistan region, which is currently the only region. Regions are more autonomous than Governorates, although Governorates are also decentralized but what one and the other can do differs. The constitution allows Governorates to merge into regions via referendum consent.
Naturally due to instability and insurgency in Iraq partaking in politics can be a dangerous affair due to assassinations and terrorist attacks, attacks can also be especially prevalent during elections which can discourage many from voting, which undermines democracy. Democracy in Iraq also faces problems from internal corruption and regional influence. As Iraq is still a developing democracy there is still much regulatory and legislative change required for it to be considered a protected and safeguarded “full democracy” and to meet its constitutional obligations.
The Executive Government
The constitution says that the federal executive power consists of the President of the Republic as Head of State and the Council of Ministers, the highest executive decision-making body of the federal Government. The President can be assisted by one or more Vice-Presidents, regulated by law.
Presidential Vacancy and Absence
If for whatever reason the position of President becomes permanently vacant then the Council of Representatives elect a new President to serve the remainder of the term, during the time where there is no President under these circumstances a Vice-President handles the Presidency until a new one is elected within 30-days. If there is no Vice-President then the Speaker of the Chamber of Representatives will instead take function of the presidency during this peroid.
During any temporary absence for whatever reason the Presidency during this time is handled by a Vice-President until the President returns.
Presidential Duties
It is the duty of the President to guarantee commitment to the constitution and preserve Iraq’s independence, sovereignty, unity, and safety of its territories, in accordance with constitutional provisions.
The President has the power to pardon but it is significantly limited, the President can only pardon on recommendation of the Prime Minister but cannot be for a private claim, and cannot pardon those who have been convicted of committing international crimes, terrorism, or financial or administrative corruption.
The President ratifies international treaties and agreements after they have been approved by the Council of Representatives. They will automatically be ratified within 15-days even if the President makes no move to ratify them.
The President ratifies laws passed by the parliament (Council of Representatives) and if no move to ratify such is made within 15-days then ratification is automatic.
The President convenes the Council of Representatives after elections have taken place.
The President accredits ambassadors.
The President issues presidential decrees as guided by the constitution.
President is commander-in-chief of the country’s armed forces but only in a ceremonial and honorary fashion.
Presidential Removal
Presidential removal is handled by the Council of Representatives (and involves the Federal Supreme Court) and is explained under The Legislative Government section under Other Duties of the Council of Representatives sub-section.
Prime Minister and Council of Ministers
The Prime Minister is the Head of Federal Government and the Council of Ministers is the highest executive decision-making body of the executive Federal Government.
It is important for the Prime Minister and his/her Government to maintain the confidence of the Council of Representatives to remain in power.
The President designates a nominee of the largest bloc in the Council of Representatives after parliamentary elections to form a Government, namely the Council of Ministers, within 15-days. The Prime Minister names members of the Council of Ministers within 30-days, if the designated person fails to do this in the allotted time then the President will choose a new nominee as designate within 15-days, and so on so forth.
The designated Prime Minister presents names of his/her members of the Council of Ministers and ministerial program to the Council of Representatives. This presentation must be given absolute majority confidence by the Council of Representatives to officially form Government and for the designate to become Prime Minister. If the confidence is not won then the President chooses another nominee as designate within 15-days and so on so forth.
Most conditions to be Prime Minister are same as those required to be President, apart from instead needing to be over 35-years-old and have a college degree or its equivalent.
The Prime Minister is direct executive authority and is responsible for handling of general policy of the State. The Prime Minister is also the Commander-in-Chief of the country’s armed forces. The Prime Minister presides over meetings of the Council of Ministers and directs it. The Prime Minister can dismiss and replace Ministers with the consent of the Council of Representatives.
The duties of the Council of Ministers include planning and execution of general policy and plans of the State and overseeing the work of Ministries that are led and competent to Ministers directed to them by the Prime Minister, and also oversees departments not associated with a ministry. The Council of Ministers proposes draft Government bills and decides on their introduction to the Council of Representatives; the Council of Ministers issues rules, instructions and, decisions by decrees for the purpose of implementing laws approved by Parliament and ratified by the President; preparing draft of general state budget, closing account, and development plans.
The Council of Ministers also recommends appointments of undersecretaries, ambassadors, state senior officials, the Chief of Staff of the Armed Forces and his/her deputies, division commanders or higher, Director of National Intelligence, and heads of security institutions for approval to the Council of Representatives.
Council of Ministers negotiates and signs international treaties and agreements to be approved by the Council of Representatives and ratified by the President.
If the office of Prime Minister becomes vacant for whatever reason the President takes over its duties and will designate a Prime Minister from nominees to form a new Council of Ministers within 15-days.
Emergency Provisions
States of War and Emergnecy must be approved via a two-thirds majority of the Council of Representatives, States of Emergnecy last for 30-days but can be extended via 30-days each time if given two-thirds approval. These State of War and Emergnecy give special powers to the Prime Minister, Government, and authorities for effective handling of the situation.
The powers are regulated by law and cannot contradict consitituion. The Prime Minister presents measures taken and results to the Council of Representatives.
The Legislative Government
The legislative government is made up of a unicameral chamber that is the Council of Representatives, the single equal chamber’s main job is to have legislation introduced, scrutinize and debate such legislation, possibly amend it and then pass or reject it. Another job of the chamber is to provide oversight of the executive government. It is also its job to approve the country’s general budget as introduced by the Government on an annual basis.
The Council of Representatives can be dissolved for fresh early elections via an absolute majority vote of its members or via a request made to the Prime Minister by at least one-third of members and which is also approved by the President of the Republic. During times Prime Minister is being questioned the Council of Representatives cannot be dissolved.
As it stands the Council of Representatives has 329 members, the constitution allows one seat per 100,000 Iraqi citizens.
The Council of Representatives establishes its own internal rules of operation and procedure. Complaints can be made for removal of legislators by other legislators, such a removal requires a two-thirds majority to approve, and the decision can appealed at the Federal Supreme Court within 30-days.
The President of the Republic convenes the first session of the Council of Representatives after parliamentary elections have taken place. The first session is chaired by its eldest member and a Speaker and two deputies are elected by the members in this session, elected via absolute majority.
The Speaker aided by his/her deputies represent the Council of Representatives, regulate debate and enforces internal rules and procedure.
An extraordinary session of the parliament on a specified topic of great importance or necessity can be called by either the President of the Republic, the Prime Minister, the Speaker of the Council of Representatives, or at least 50 members of the Council of Representatives. This same process can be used to also extend sessions of parliament for up to 30-days.
Legislation can be introduced to the Council of Representatives by the President the Republic or the Government via the Council of Ministers, individual members can also propose legislation to the Council of Representatives with the support of 9 other members. Specialized parliamentary committees can also propose legislation.
Other Duties of the Council of Representatives
As well as enacting Federal law and giving Government oversight, the Council of Representatives also have numerous other duties. This includes electing the country’s President, and regulation of international treaty and agreements process and approving them by two-thirds majorities.
The parliament also approves various appointments including of the President and members of the Federal Court of Cassation, Chief Public Prosecutor, and President of Judicial Oversight Committee via absolute majority and based on proposal from the Higher Juridicial Council.
The parliament approves ambassadors and those with special grades, who are proposed by the Council of Ministers.
The parliament approves the Iraqi Army Chief of Staff, his assistants, those of the rank of division commander and above, and director of the intelligence service, who are proposed by the Council of Ministers.
An absolute majority of members can bring forth a petition to question the President of the Republic. The parliament will also decide by an absolute majority whether to remove the President of the Republic if they have been convicted by the Federal Supreme Court of either perjury of constitutional oath, violation of the constitution, or high treason.
Part of Government oversight includes ability to direct questions at the Prime Minister and the Ministers on any subject within their specialty and competence and these questions must be answered, only members who raised the question/s have the right to comment on responses.
At least 25-members can raise a general issue for discussion to inquire about a policy and performance of the Council of Ministers or one of the Ministries, this is submitted to the Speaker, and the Prime Minister or the Ministers must give a date they will come before the Parliament for discussion of the issue/s.
With agreement of 25-members, an inquiry can be directed on the Prime Minister or Ministers to call them to account on issues within their authority.
Issue of confidence can be brought up against a Minister or the Prime Minister which is done via agreement of at least 50-members via a request and after any questioning has taken place on said individuals. The President of the Republic can also submit a request to the parliament for withdrawal of confidence from the Prime Minister. Withdrawal of confidence can be completed also via request of at least one-fifth of members only after any inquiry has taken place against them. Outside of that confidence can be withdrawn from the Prime Minister via an absolute majority.
If confidence is withdrawn from a Minister or Prime Minister they must resign. In the case of the Prime Minister losing confidence the entire Government must resign. Prime Minister and Ministers continue in a caretaker role for no longer than 30-days until a new Government is formed.
The parliament also gives it consent to declarations of war and to states of emergency via a two-thirds majority. States of Emergency when approved expire after 30-days but can be extended for up to 30-days again via another two-thirds majority for as long as needed.
Federation Council
There is a Federation Council that gives representation to representatives from regions and governorates on a federal level, although it does not have the power to enact legislation. It is not part of the federal parliament and is merely an advisory council in respects of federal representation.
The Council of Representatives enacts a law via a two-thirds majority that regulates its formation, competencies, membership conditions, and all else connected with it.
The Electoral System
Presidential elections are performed solely by members of the Council of Representatives. Members of the Council of Representatives elect the President from among nominated candidates via a two-thirds majority. If no candidates get the required majority in the 1st round a 2nd round is held between the top two candidates which is won via simple majority.
Presidential candidates are nominated as regulated by law. Those nominated must be Iraqi by birth to Iraqi parents, fully qualified and over the age of 40, of good reputation and political experience, known for integrity, uprightness, fairness, and loyalty to the homeland, and is free of any conviction of a crime of moral turpitude. One person may only hold the position of President for two terms.
Parliamentary elections happen every 4-years to elect the members of the Council of Representatives. Members are elected from single-seat constituencies using a first-past-the-post system. The electoral system is regulated by law and not fixed constitutionally, and thus is easier to change.
The constitution states to be elected a member of the Council of Representatives one much be a fully qualified Iraqi, with all other requirements regulated by law rather than being fixed in place constitutionally. It is required by the constitution that at least one-quarter of the Council of Representatives members are women. Membership of the Council of Representatives cannot be combined with any other work or official position.
To vote in elections one must be an Iraqi citizen who is at least 18-years-old. Voting is not mandatory.
Sources
The source for this post comes from Iraq’s 2005 constitution (constituteproject.org) and so should be as up to date as possible but as always there is the chance, I missed things and misinterpreted other things and of course the constitution can be amended and so this post may eventually become outdated, as such it is suggested to use cross-research if using this in a serious capacity.
Amendments to the constitution are proposed by the President of the Republic and Council of Ministers collectively, or by at least one-fifth of the members of the Council of Representatives. Passage of amendment requires at least two-thirds majority in the Council of Representatives, approval in referendum and ratification by the President of the Republic. Passage of amendments on citizens’ rights and liberties requires two-thirds majority vote of Council of Representatives after two successive electoral terms, approval in referendum and then ratification by the President of the Republic.
Next up will be the government system of the Republic of Ireland.
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