Posted on 08/24/2005 2:03:23 PM PDT by Ernest_at_the_Beach
The complete text of the draft Iraqi Constitution, as translated from the Arabic by The Associated Press, part 6 of 12:
PART TWO: THE EXECUTIVE AUTHORITY
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 to the law.
Article (66): The candidate for the president's post must:
1st - be Iraqi by birth from Iraqi parents.
2nd - be legally competent and have reached the age of 40.
3rd - have a good reputation and political experience and be known for his integrity, rectitude, justice and devotion to the homeland.
4th - not have been convicted of a crime that violates honor.
Article (67): The rules of nomination for the president's post shall be regulated by law.
Article (68):
1st - The Council of Representatives selects from among the candidates a president of the republic by a two-thirds majority.
2nd - If no single candidate gets the required majority, the two candidates with the highest votes will compete and whoever wins a majority of votes in the second round is declared president of the republic.
Article (69): The president of the republic is sworn in in front of the Council of Representatives, using the wording mentioned in article 49 in the constitution.
Article (70):
1st - The term of president of the republic is limited to 4 years.
2nd - The Council of Representatives elects a new president for the republic, three months before the end of the former president's term.
Article (71): The president of the republic enjoys the following powers:
(a) issuing special amnesty, upon a recommendation from the prime minister, to pardon those convicted in international crimes, terrorism, financial or administrative corruption or crimes against personal rights.
(b) endorsing treaties and international agreements following approval by the Council of Representatives.
(c) endorsing and issuing laws enacted by the Council of Representatives. They are considered validated 15 days after the date they were sent to him.
(d) calling for the elected Council of Representatives to convene within a period not exceeding 15 days from the date that election results are ratified, and in other cases stated in the constitution.
(e) awarding medals and badges upon recommendation of the prime minister and in accordance with the law.
(f) receiving ambassadors.
(g) issuing republican protocols.
(h) endorsing execution verdicts issued by the proper courts
(i) taking leadership of the armed forces for ceremonial and commemoration purposes.
(j) practicing any other presidential powers mentioned in the constitution.
Article (72): The law determines the salary and allowances for the president of the republic.
Article (73):
1st - The president of the republic can present a written resignation to the prime minister, and it is considered valid after seven days of the date it is lodged to the Council of Representatives.
2nd - A "deputy" of the president of the republic replaces the president during his absence.
3rd - The deputy of the president of the republic replaces the president of the republic when the post is empty for any reason, and the Council of Representatives has to elect a new president within a period not exceeding 30 days from the date the post is vacant
4th - In the case when the post of the president of the republic is vacant, the president of the Council of Representatives replaces the president if there is no deputy for him, and a new president should be elected in a period not exceeding 30 days from the time the position is vacant, according to the laws of the constitution.
SECOND, The Cabinet.
Article (74):
1st - The president assigns the candidate of the parliamentary majority to form a Cabinet during the first 15 days from the date of the first session of the Council of Representatives.
2nd- The prime minister is assigned to name members of his Cabinet within a period of 30 days, at the longest, from the date of the assignment.
3rd - The president assigns a new candidate to be the prime minister within 15 days if the prime minister assigned form the cabinet during the period mentioned in the 2nd Clause fails.
4th - The assigned prime minister presents the names of the members of his cabinet and its ministerial platform to the Council of Representatives. He is considered to have won confidence when his ministers are approved individually and his ministerial platform is approved by an absolute majority.
5th - The president will take up the assigning of another candidate to form a cabinet within 15 days if the Cabinet does not win confidence.
Article (75):
1st - The prime minister must meet the conditions set for the president of the republic. He must have a university degree or an equivalent and must be no younger than 35.
2nd - Ministers must meet the same conditions set for candidates to the Council of Representatives. A minister must have a university degree or an equivalent.
Article (76): The prime minister is the direct executive responsible for the general policy of the nation, the general commander of the armed forces and carries out the administration of the Cabinet and presides over its sessions. The prime minister has the right to remove ministers, with the consent of the Council of Representatives.
Article (77): The prime minister and the ministers carry out the constitutional oath of office before the Council of Representatives in the manner laid out in Article (49) of the constitution.
Article (78): The Cabinet carries out the following duties:
1st - planning and implementing the general policy of the state; general plans; supervising the work of the ministers and offices not subordinate to a ministry.
2nd - proposing draft laws.
3rd - issuing regulations, instructions and decisions to implement the laws.
4th - preparing the draft of the general budget and the final accounting statement and development plans.
5th - recommending to the Council of Representatives for approval the appointments of undersecretaries of ministers, ambassadors, those who have special ranks; the army chief of staff, his deputies and those who are division leaders or higher; the head of the national intelligence service and the heads of the security apparatuses.
6th - negotiating treaties and international agreements and signing them or designating someone to sign.
Article (79):
1st - The president of the republic becomes the acting prime minister when the position is empty for any reason.
2nd - The president of the republic must name another prime minister within no more than 15 days and in accordance with the provisions of Article 74 in this constitution.
Article (80): The salaries and allowances of the prime minister and the ministers and those at their rank shall be fixed by law.
Article (81): The responsibility of the prime minister and the ministers before the Council of Representatives shall be collective and personal.
Article (82):
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.
2nd - The national intelligence service is tied to the Cabinet.
Article (83): The Cabinet shall lay down a system of internal rules to regulate its work.
Article (84): The forming of ministries and their functions and responsibilities and the powers of the minister shall be regulated by law.
thank you good friend
It seems that if the requirements for President were the same in the U.S. that Mr. Clinton would not have qualified to serve.
Those who are saying that Iraq constitution draft will be against women are totally wrong. In fact, I read in another clause of this draft constitution that no less than 25% of the Council of Representatives, i.e. Parliament, shall be women.
MSM was wrong again in trashing the Iraqi's.
Article 7.
A) Islam is the official religion of the State and is to be considered a source of legislation. No law that contradicts the universally agreed tenets of Islam, the principles of democracy, or the rights cited in Chapter Two of this Law may be enacted during the transitional period. This Law respects the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice.
It shall not be permitted to possess, bear, buy, or sell arms except on licensure issued in accordance with the law.
Well ain't that just peachy? Even Saddam didn't interfere with people's ability to have guns.
Wonder why this doesn't win the American Left over to their side?
There are female parliamentarians in Iran also. That society claims to treat men and women equally.
Thanks!
Read tonight BUMP!
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