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Page 1
TEXT OF THE DRAFT IRAQI CONSTITUTION
(Translated from the Arabic by The Associated Press)
We the sons of Mesopotamia, land of the 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 theorised 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 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 January 30 2005, remembering the pains of
the despotic band's sectarian oppression of the majority; 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 in the popular uprising and against the marshes and other
places; 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 the suffering of the people of the western
region, whom the terrorists and their allies sought to take hostage and prevent
from participating in the elections and the establishment of a society of peace
and brotherhood and cooperation so we can create a new Iraq, Iraq of the
future, without sectarianism, racial strife, regionalism, discrimination or
isolation.
Terrorism and “takfir” (declaring 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.
Page 2
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:
(a) No law can be passed that contradicts the undisputed rules of Islam.
(b) No law can be passed that contradicts the principles of democracy.
(c) No law can be passed that contradicts the rights and basic freedoms
outlined in this constitution.
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.
Article (3): Iraq is a multiethnic, multi-religious and multi-sect country. It is part
of the Islamic world and its Arab people are part of the Arab nation.
Article (4): 1st - Arabic and Kurdish are the two official languages for Iraq.
Iraqis are guaranteed the right to educate their children in their mother
tongues, such as Turkomen or Assyrian, in government educational
institutions, or any other language in private educational institutions,
according to educational regulations.
2nd - the scope of the phrase “official language” and the manner of
implementing the rules of this article will be defined by a law that includes:
(a) issuing the official gazette in both languages.
(b) speaking, addressing and expressing in official domains, like the
parliament, Cabinet, courts and official conferences, in either of the two
languages.
(c) recognition of official documents and correspondences in the two
languages and the issuing of official documents in them both.
(d) the opening of schools in the two languages in accordance with
educational rules.
(e) any other realms that require the principle of equality, such as currency
bills, passports, stamps.
3rd - Federal agencies and institutions in the region of Kurdistan use both
languages.
4th - The Turkomen and Assyrian languages will be official in the areas where
they are located.
5th - Any region or province can take a local language as an additional official
language if a majority of the population approves in a universal referendum.
Article (5): The law is sovereign, the people are the source of authority and its
legitimacy, which they exercise through direct, secret ballot and its
constitutional institutions.
Page 3
Article (6): Government should be rotated peacefully through democratic
means stipulated in this constitution.
Article (7): 1st - Entities or trends that advocate, instigate, justify or propagate
racism, terrorism, “takfir” (declaring someone an infidel), sectarian cleansing,
are banned, especially the Saddamist Baath Party 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.
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.
Article (8): Iraq shall abide by the principles of good neighbourliness 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.
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 Defence 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 Defence
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 non-proliferation, 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.
Article (10): The holy shrines and religious sites in Iraq are religious and
cultural entities. The state is committed to maintain and protect their sanctity
and ensure the exercising of (religious) rites freely in them.
Page 4
Article (11): Baghdad is the capital of the republic of
Iraq.
Article (12): 1st - The flag, emblem and national anthem of Iraq shall be fixed
by law in a way that symbolizes the components of the Iraqi people.
2nd - Medals, official holidays, religious and national occasions and the official
calendar shall be fixed by law.
Article (13): 1st - This constitution shall be considered as the supreme and
highest law in Iraq. It shall be binding throughout the whole country without
exceptions.
2nd - No law that contradicts this constitution shall be passed; any passage in
the regional constitutions and any other legal passages that contradict this
constitution shall be considered null.
CHAPTER TWO: RIGHTS AND FREEDOMS
PART ONE: RIGHTS FIRST: Civil and political rights.
Article (14): Iraqis are equal before the law without discrimination because of
sex, ethnicity, nationality, origin, colour, 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.
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.
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.
2nd - Iraqi nationality is a right to all Iraqis and it is the basis of their
citizenship.
3rd - (a) It shall be forbidden to withdraw the Iraqi citizenship from an Iraqi by
birth for any reason. Those who have had their citizenship withdrawn have the
right to reclaim it and this should be regulated by law.
(b) Iraqi citizenship shall be withdrawn from naturalized citizens in cases
stated by law.
4th - Every Iraqi has the right to carry more than one citizenship. Those who
take a leading or high-level security position must give up any other
citizenship. This shall be regulated by law.
Page 5
5th - Iraqi citizenship may not be granted for the purposes of a policy of
population settlement disrupting the demographic makeup in Iraq.
6th - Citizenship regulations shall be determined by law, and the proper courts
should hear suits arising from the regulations.
Article (19): 1st - The judiciary is independent, with no power above it other
than the law.
2nd - There is no crime and no punishment except by the text (of law). And
there is no punishment except for an act that the law considers a crime at the
time of its commission. No punishment can be enacted that is heavier than
the punishment allowed at the time of the crime's commission.
3rd - Trial by judiciary is a right protected and guaranteed to all.
4th - The right to defence 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.
9th - Laws do not apply retroactively unless otherwise has been legislated,
and this exception does not include laws of taxes and duties.
10th - Punitive law shall not be applied retroactively unless it is best for the
defendant.
11th - The court shall appoint an attorney to defend defendants charged with
a felony or a misdemeanour who don't have an attorney and it shall be at the
state's expense.
12th - (a) (Arbitrary) detention shall not be allowed.
(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.
13th - Preliminary investigation papers shall be shown to the concerned judge
no later than 24 hours from the time of the detention of the accused and
cannot be extended except once and for same duration.
Article (20): Citizens, male and female, have the right to participate in public
matters and enjoy political rights, including the right to vote and run as
candidates.
Article (21): 1st - An Iraqi shall not be handed over to foreign bodies and
authorities.
2nd - Political asylum to Iraq shall be regulated by law and the political
refugee shall not be turned over to a foreign body or forcefully returned to the
country from which he has fled.
3rd - Political asylum shall not be granted to those accused of committing
international or terror crimes or to anyone who has caused Iraq harm.
Page 6
SECOND: Economic, social and cultural rights
Article (22): 1st - Work is a right for all Iraqis in a way that guarantees them a
good life.
2nd - The law regulates the relation between employees and employers on an
economic basis, while keeping in consideration rules of social justice.
3rd - The state guarantees the right to form or join syndicates or professional
unions. This shall be regulated by law.
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.
2nd - Property may not be taken away except for the public interest in
exchange for fair compensation. This shall be regulated by law.
3
rd
- (a) An Iraqi has the right to ownership anywhere in Iraq and no one else
has the right to own real estate except what is exempted by law.
(b) Ownership with the purpose of demographic changes is forbidden.
Article (24): The state shall guarantee the freedom of movement for workers,
goods and Iraqi capital between the regions and the provinces. This shall be
regulated by law.
Article (25): The state shall guarantee the reforming of the Iraqi economy
according to modern economic bases, in a way that ensures complete
investment of its resources, diversifying its sources and encouraging and
developing the private sector.
Article (26): The country shall guarantee the encouragement of investments in
the different sectors. This shall be regulated by law.
Article (27): 1st - Public property is sacrosanct, and its protection is
the duty of every citizen.
2nd - Regulations pertaining to preserving and administrating state property,
the conditions set for using it and the cases when giving up any of the
property may be allowed shall be regulated by law.
Article (28): 1st - Taxes and fees shall not be imposed, amended, collected or
eliminated except by law.
2nd - Low-income people should be exempted from taxes in a way that
guarantees maintaining the minimum level necessary for a living. This shall be
regulated by law.
Article (29): 1
st
- (a) The family is the foundation of society and the state
should preserve its (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.
Page 7
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.
Article (30): 1st - The state guarantees social and health insurance, the basics
for a free and honourable life for the individual and the family - especially
children and women - and works to protect them from illiteracy, fear and
poverty and provides them with housing and the means to rehabilitate and
take care of them. This shall be regulated by law.
Article (31): 1st - Every Iraqi has the right to health service, and the state is in
charge of public health and guarantees the means of protection and treatment
by building different kinds of hospitals and health institutions.
2nd - Individuals and associations have the right to build hospitals,
dispensaries or private clinics under the supervision of the state. This shall be
regulated by law.
Article (32): The state cares for the disabled and those with special needs and
guarantees their rehabilitation to integrate them in society. This shall be
regulated by law.
Article (33): 1st - Every individual has the right to live in a correct
environmental atmosphere.
2nd - The state guarantees protection and preservation of the environment
and biological diversity.
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.
3rd - The state encourages scientific research for peaceful purposes in a way
that benefits humanity and it promotes excelling, creativity and the different
manifestations of excellence.
4th - Private and national education is guaranteed and regulated by law.
PART TWO: Freedoms
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, and no one may be imprisoned on these bases.
3rd - Forced labour, slavery and the commerce in slaves is forbidden, as is
the trading in women or children or the sex trade.
Page 8
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): 1st - The followers of every religion and sect are free in:
(a) the practice of their religious rites, including the (Shiite) Husseiniya 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 (41): Every individual has freedom of thought and conscience.
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 (43): 1st - The state is keen to strengthen the role of civil society
groups and to support, develop them and preserve their independence in
accordance with peaceful means to realize legitimate goals. This shall be
regulated by law.
2nd - The state is keen to advance Iraqi tribes and clans and it cares about
their affairs in accordance with religion, law and honourable human values
and in a way that contributes to developing society and it forbids tribal
customs that run contrary to human rights.
Article (44): All individuals have the right to enjoy the rights stated in
international human rights agreements and treaties endorsed by Iraq that
don't run contrary to the principles and rules of this constitution.
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.
Page 9
CHAPTER THREE: THE FEDERAL AUTHORITIES
PART ONE: THE LEGISLATIVE AUTHORITY
Article (47): The federal legislative authority is made up of the Council of
Representatives and the Council of Union.
FIRST: The Council of Representatives (Parliament).
Article (48): 1st - The Council of Representatives is made up of a number of
members at a proportion of one seat for every 100,000 people from the
population of Iraq. They represent the entire Iraqi people and are elected by
general, direct, secret ballot, and they take care to represent all groups
of people.
2nd - A candidate for membership in the Council of Representatives must be
a fully qualified Iraqi.
3rd - Conditions for candidates and voters and everything connected to
elections will be regulated by law.
4th - The Council of Representatives will promulgate a law dealing with
replacing of its members when they resign or are removed or die.
5th - It is not permitted to hold membership in the Council of Representatives
and another official position.
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.”
Article (50): The Council of Representatives shall establish an internal system
to regulate its work.
Article (51): 1st - The Council of Representatives should determine the
correctness of the membership of a member by a two-third majority within 30
days of the registering of an objection.
2nd - The council's decision may be challenged before the Supreme Federal
Court within 30 days of the day it was issued.
Article (52): 1st - Sessions of the Council of Representatives shall be public
unless it is necessary to do otherwise.
2nd - Sessions reports shall be published in the way the council sees fit.
Article (53): The president of the republic calls on the council to convene by a
presidential decree within 13 days of the date that the results of the general
elections have been certified. The session shall be held under the
Page 10
chairmanship of the oldest member, to elect the president of the council and
his deputies. Extensions for more than the previously mentioned period are
not allowed.
Article (54): In its first session, the council shall elect by absolute majority its
president, then a first deputy and a second deputy by direct, secret balloting.
Article (55): 1st - The duration of the council's cycle is four calendar years,
starting with the first session and ending by the end of the fourth year.
2nd - The election of a new Council of Representatives takes place 45 days
before the cycle ends.
Article (56): The Council of Representatives has two legislative seasons a
year, running for eight months. Internal rules will determine how they shall be
held. The season in which the general budget is submitted to the council shall
not end before it is approved.
Article (57): 1st - The president of the republic, the prime minister, the
president of the Council of Representatives or 50 members of the council may
call for an extraordinary session, and the meeting shall be confined to the
issues that have made it necessary to call for the session.
2nd - The legislative season for the Council of Representatives may be
extended for no longer than 30 days to accomplish the tasks that require this,
based on a request from the president of the republic, the prime minister, the
president of the Council of Representatives or 50 members.
Article (58): 1st - Quorum for sessions of the Council of Representatives shall
be reached by the attendance of the absolute majority of its members.
2nd - Decisions shall be made in the Council of Representatives by simple
majority, as long as it has not been stated otherwise.
Article (59): The Council of Representatives is given the following duties:
1st - Legislating federal laws.
2nd - (a) Examining draft laws submitted by 10 of the council's members or by
one of its specialized committees.
(b) Examining draft laws suggested by the president of the republic and the
prime minister.
3rd - Overseeing the performance of the executive authority.
4th - Certifying treaties or international agreements by a two-thirds majority of
the members of the Council of Representatives, as will be regulated by law.
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.
Page 11
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.
7
th
- (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 removed 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.
(b) 1 - The president of the republic may submit a request to the Council of
Representatives to withdraw confidence from the prime minister.
2 - The Council of Representatives, based on a request from one-fifth of its
members, may vote to withdraw confidence from the prime minister. This
request may not be submitted except after an interpellation directed to the
prime minister and after at least seven days from the submission of the
request.
3 - The Council of Representatives decides the withdrawal of confidence from
the prime minister by absolute majority of its members.
(c) The Cabinet shall be dissolved in the case that confidence is withdrawn
from the prime minister.
(d) In the case of a vote withdrawing confidence from the whole Cabinet, the
prime minister and ministers remain in their positions to run the daily affairs
for a period no longer than 30 days until a new Cabinet is formed.
(e) The Council of Representatives has the right to question and relieve the
officials of independent associations from their duties according to the
procedures relating to the ministers and by absolute majority.
Page 12
9th - (a) Approving the declaration of war and a state of emergency by a two-
thirds majority, based on a joint request by the president of the republic and
the prime minister.
(b) The state of emergency may be declared for 30 days, which may be
extended by approving it each time.
(c) The prime minister shall be given the necessary powers to enable him to
run the country's affairs during the period of a declaration of war or a state of
emergency. These powers shall be regulated by law in a way that does
not run contrary to the constitution.
(d) The prime minister presents to the Council of Representatives the
measures adopted and the results during the period of a declaration of war or
a state of emergency within 15 days from the time they have ended.
Article (60): 1st - The Cabinet presents the general budget bill and the final
accounting statement to the Council of Representatives for approval.
2nd - The Council of Representatives has the right to rearrange between the
parts of the general budget, reduce its total amount of money and it may,
when necessary, propose to the Cabinet to increase general costs.
Article (61): 1st - The rights and privileges given to the president of the
Council of Representatives and his deputies and the members of the council
shall be fixed by law.
2
nd
- a) A member of the Council of Representatives enjoys impunity that
covers the opinions he expresses during the time of convening (the council);
he shall not be sued before courts for this.
b) A member may not be arrested during the duration of the council's cycle
unless he is accused of a felony and by the approval of the absolute majority
of the members that he be stripped of his immunity or if he was arrested red-
handed.
Article (62): 1st - The Council of Representatives shall be dissolved by the
absolute majority of its members, based on a request from third of its
members or a request from the prime minister and with the approval of the
president of the republic. The council may not be dissolved while interpellating
the prime minister.
2nd - The president of the republic calls for a general election in the country
no later than 60 days after the council of representatives has been dissolved.
In that case, the Cabinet is considered dissolved and it continues to run the
daily affairs.
SECOND: The Council of Union
Article (63): 1st - A legislative council called the “Council of Union” will be
established and will include representatives of regions and provinces to
examine bills related to regions and provinces.
2nd - The makeup of the council, the conditions for membership and all things
related to it will be organized by law.
Page 13
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 honour.
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.
Page 14
(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.
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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.
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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 Supreme Federal Court and
presenting their names to parliament for endorsement.
3rd - nominating the head of the Federal Cassation Court, the chief
prosecutor and the head of the Judiciary Inspection Department, and
presenting them to parliament for approval.
4th - 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, its work and its duties will be defined by
law.
2nd - The Supreme Federal Court will be made up of a number of judges and
experts in Sharia (Islamic Law) and law, whose number and manner of
selection will be defined by a law that should be passed by two-thirds of the
parliament members.
Article (91): The Supreme Federal Court will have the following duties:
1st - overseeing the constitutionality of federal laws before they are issued.
2nd - overseeing the constitutionality of the laws and standing regulations.
3rd - interpreting the text of the constitution.
4th - ruling in cases that emerge from the implementation of federal laws.
5th - ruling in disputes between the federal government and the governments
of the regions and the provinces and local administrations.
6th - ruling in disputes between the governments of the regions or provinces.
7th - ruling in accusations against the president of the republic, the prime
minister and the ministers.
8th - endorsing the final results of parliamentary general elections.
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Article (92): Resolutions of the Supreme Federal Court are binding for all
authorities.
THIRD: General Provisions:
Article (93): Establishing private or exceptional courts is forbidden.
Article (94): The law shall regulate the establishment of courts, their kinds,
degrees, duties and the means of appointing judges, members of the General
Prosecutors Office, the provisions for disciplining them and moving them into
retirement.
Article (95): Judges shall not be impeached except in the cases determined
by law; the law will also specify the rules pertaining to them and regulate
disciplinary actions against them.
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.
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.
2nd - The Iraqi central bank is responsible before the Council of
Representatives, and the Financial Inspection Office and the media and
communications agency are tied to the Council of Representatives.
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3rd - Offices of endowments are affiliated to the Cabinet
Article (102): An agency shall be established called the Institution of the
Martyrs, affiliated to the Cabinet, and its operations and powers will be
regulated by law.
Article (103): A public agency will be founded to guarantee the right of the
regions and of provinces that do not belong to a region to fair participation in
the administration of the various federal state institutions, missions,
fellowships, delegations and regional and international conferences. It shall be
made up of representatives of the federal government, regions and
provinces that do not belong to a region, and it shall be regulated by law.
Article (104): A general body shall be established by law to monitor and
allocate federal incomes; the body shall consist of experts from the federal
government, the regions and the provinces and representatives from them. It
should shoulder the following responsibilities:
1st - verifying fairness in distribution of international grants, aid and loans
based on what the regions and the provinces that do not belong to a region
deserve.
2nd -ensuring that federal financial resources are being used and distributed
in the best way.
3rd - ensuring transparency and justice when allocating money to the regional
governments and provinces according to the decided ratios.
Article (105): A council, to be called the federal public service council, shall be
established and it shall be responsible for regulating the affairs of the federal
public office, including appointments and promotions. Its formation and
responsibilities shall be regulated by a law.
Article (106): It is allowed to establish other independent associations
according to need and necessity and by law.
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.
Article (108): The federal authorities will have the following exclusive powers:
1st - drawing up foreign policy, diplomatic representation, negotiating
international accords and agreements, negotiating and signing debt
agreements, drawing up foreign sovereign economic and trade policies.
2nd - drawing up and executing national defence policy including setting up
and operating the armed forces to ensure the protection and security of Iraq's
borders and its defence.
3rd - drawing up financial and customs policy, issuing currency, organizing
trade policy among regions and provinces in Iraq, setting the general budget
for the nation, drawing up currency policies and establishing and
administering a central bank.
4th - organizing issues of weights and measures.
Page 19
5th - organizing issues of nationality and naturalization, residence and asylum
rights.
6th - organizing a policy of broadcast wavelengths and the mail.
7th - setting the general and investment budgets.
8th - planning policies connected to water resources from outside Iraq and
guaranteeing levels of water flow into Iraq, according to international law and
custom.
9th - conducting the general census of the population.
Article (109): Oil and gas is the property of all the Iraqi people in all the
regions and provinces.
Article (110): 1st - The federal government will administer oil and gas
extracted from current fields in cooperation with the governments of the
producing regions and provinces on condition that the revenues will be
distributed fairly in a manner compatible with the demographical distribution
all over the country. A quota should be defined for a specified time for affected
regions that were deprived in an unfair way by the former regime or later on,
in a way to ensure balanced development in different parts of the country.
This should be regulated by law.
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.
Article (111): All that is not written in the exclusive powers of the federal
authorities is in the authority of the regions. In other powers shared between
the federal government and the regions, the priority will be given to the
region's law in case of dispute.
Article (112): The following duties will be shared by the federal and regional
authorities:
1st - administering and organizing customs, in coordination with the regional
government, and this will be regulated by law.
2nd - organizing and distributing the main electrical power resources.
3rd - drawing up environmental policy to guarantee the protection of the
environment from pollution and the preservation of its cleanliness, in
cooperation with the regions.
4th - drawing up general planning and development policies.
5th - drawing up general health policy, in cooperation with the regions.
6th - drawing up general education and childrearing policy, in consultation
with the regions.
CHAPTER FIVE: AUTHORITIES OF THE REGIONS
Article (113): The federal system in the republic of Iraq is made up of the
capital, regions, decentralized provinces, and local administrations.
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Article (114): 1st - The regions comprise one province or more, and two
regions or more have the right to join into one region.
2nd - One province or more have the right to form a region, based on a
request for a referendum, which can be presented in one of two ways:
a) a request by a third of the members of each of the provincial councils in the
provinces that desire to form a region.
b) a request by 1/10 (one-tenth) of the voters in each of the provinces that
desire to form a region.
3rd - a) The general referendum is held among the residents of the particular
provinces concerned with what is referred to in «1st» of this article. The
referendum takes place when the provincial councils are in session, and the
referendum is considered a success with the agreement of the majority
of voters.
b) the referendum is not repeated, unless 2/3 (two-thirds) of the members in
each of the provincial councils, or ¼ (one-quarter) of the concerned provinces'
residents, put forward a request for a new referendum.
Article (115): The authorities of each region include legislative, executive and
judicial authorities.
Article (116): 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.
2nd - The regional authority has the right to amend the implementation of the
federal law in the region in the case of a contradiction between the federal
and regional laws in matters that do not pertain to the exclusive powers of the
federal authorities.
3rd - It is permissible to delegate the authorities practiced by the federal
government to the regional governments and vice versa, with the approval of
both.
4th - A fair share of the revenues collected federally is designated to regions,
in a way that suffices their duties and obligations, taking into consideration the
(region's) resources and needs.
5th - Offices for regions and provinces are to be established in embassies and
diplomatic missions to follow up on cultural, social and local development
affairs.
PART ONE: LEGISLATIVE AUTHORITIES OF THE REGION.
Article (117): The legislative authority of a region consists of one council
called the National Council for the Region.
Article (118): Members of the National Council for the Region are elected
by residents of the region through universal direct secret ballot.
Article (119): 1st - The National Council for the Region devises the regional
constitution, stipulates laws, in a way that does not contradict with this
constitution and the federal laws.
Page 21
2nd - The regional constitution is put up for a referendum to the residents of
the region and becomes effective after approval by a majority and its
publication in the official newspaper.
PART TWO: EXECUTIVE AUTHORITIES OF THE REGION.
Article (120): The executive authority is made up of the president of the region
and the regional cabinet.
Article (121): The executive authority carries out its responsibilities as
designated in the regional constitution, in a way that does not contradict this
constitution.
FIRST: The president of the region
Article (122): The president of the region is the highest executive president in
the region.
Article (123): The president of the region is elected according to the
constitution of the region.
Article (124): The constitution of the region determines the responsibilities of
the president and the authorities designated to the regional constitutional
agencies in a way that does not contradict this constitution.
SECOND: The Cabinet of the region
Article (125): The Cabinet is the highest executive authority in the region and
practices its authorities under the supervision and guidance of the president of
the region.
Article (126): The Cabinet consists of the prime minister and a number of
ministers set according to the constitution of the region.
Article (127): The Cabinet practices the authorities accorded to it following the
constitution of the region.
Article (128): 1st - The revenues of the region are made up of its designated
share from the state budget and from the region's local resources.
2nd - The Cabinet of the region prepares the annual budget for the region and
the final expense account, and a law is issued for them by the National
Council for the Region. The Cabinet presents a copy of the region's general
budget and the final expense account to the federal finance ministry, after
they are approved by the National Council for the region.
Article (129): The region's government is responsible for all that is required to
manage the region, in particular establishing and organizing internal security
forces for the region such as police, security and regional guards.
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PART THREE: JUDICIAL AUTHORITIES OF THE REGION
Article (130): The judicial authority of the region consists of the judicial council
of the region, the courts, the prosecutor’s offices, and the regional court of
cassation is considered the highest judicial authority in the region.
Article (131): The types of courts, their levels and specializations are
organized according to the judicial authority law of the region, provided it does
not contradict this constitution.
PART FOUR: PROVINCES NOT ORGANIZED INTO A REGION
Article (132): 1st - Provinces consist of districts, counties and villages.
2nd - Provinces that were not included into a region are given extensive
administrative and financial authorities to enable them to self-manage
according to the principal of administrative decentralization, and this is
regulated by law.
3rd - The provincial governor, who is elected by the provincial council, is
considered the highest executive president of the province to carry out the
responsibilities designated to him by the council.
4th - The election of the provincial council, the governor and their authorities
will be regulated by law.
5th - The provincial council is not subject to the domination or the supervision
of any ministry or any party unrelated to a ministry, and it has its independent
finances.
Article (133): It is permissible to delegate the federal government's authorities
to the provinces or vice versa, with the two parties' approval, and this is
regulated by law.
PART FIVE: THE CAPITAL
Article (134): 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.
PART SIX: LOCAL ADMINISTRATIONS
Article (135): This constitution guarantees the administrative, political, cultural,
educational rights for the various ethnicities such as Turkomen, Chaldeans,
Assyrians, and the other components, and this is regulated through a law.
CHAPTER SIX: FINAL AND TRANSITIONAL GUIDELINES
FIRST: FINAL GUIDELINES
Article (136): 1st - The president of the republic and the Cabinet together, or
one- fifth of the members of the Council of Representatives, can suggest
amending the constitution.
Page 23
2nd - The basic principles of the constitution mentioned in Chapter One of this
constitution cannot be amended, except after two consecutive parliament
cycles and based on the consent of two-thirds of the members of the Council
of Representatives, a public referendum and the endorsement of the
president of the republic within seven days.
3rd - Other items not covered by the 2nd clause of this article can only
amended by two-thirds of the members of the Council of Representatives, the
consent of the people in a general referendum and the endorsement of the
president within seven days.
4th - No amendment is allowed that lessens the powers of the regions that are
not among the exclusive powers of the federal authority, except with the
agreement of the legislative council of the concerned region and the consent
of a majority of its population in a general referendum.
5th - An amendment is considered in effect upon the date of its publication in
the official gazette.
Article (137): 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 concessionairies, importers or
contractors.
Article (138) : Laws and judicial rulings are issued in the name of the people.
Article (139): Laws are published in the official gazette, and are in effect from
the publishing date as long as it is not legislated otherwise.
Article (140): Legislation remains in effect as long as it is not nullified or
amended in accordance to the rules of this constitution.
Article (141): Every referendum mentioned in this constitution is passed by a
simple majority unless mentioned otherwise.
SECOND: TRANSITIONAL GUIDELINES
Article (142): 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 first and second clauses will be regulated
by law.
Article (143): The Council of Representatives shall rely in its first session on
the internal organization of the Transitional National Assembly until its own
internal organization is decided.
Page 24
Article (144): The Supreme Iraqi Criminal Court will continue its activities as
an independent judicial agency, looking into the crimes of the dictatorial
regime and its leading figures. The Council of Representatives can
dissolve it by law once its work is finished.
Article (145): 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.
2nd - The Council of Representatives can dissolve the committee after it
finishes its work.
3rd - It is a condition upon candidates for the positions of president of the
republic, prime minister, ministers, parliament speaker and parliament
members, head of the Federal Council and its members and all similar posts
in the regions, and members of the judiciary and other posts included under
de-Baathification, that they not be included under the provisions of de-
Baathification.
4th - The condition mentioned in the 3rd clause of this article will remain in
effect until it is abolished by law.
Article (146): 1st - The Property Claims Agency will continue its operations as
an independent body in coordination with judicial authorities and executive
bodies in accordance with the law, and it is linked to the Council of
Representatives.
2nd - The Council of Representatives can dissolve the agency by a two-thirds
majority.
Article (147): Rules in articles concerning the Council of Union wherever they
appear in this constitution will not come into effect until a decision is reached
by the Council of Representatives, with a two-thirds majority, in its second
cycle following the enactment of this constitution.
Article (148): 1st - The phrase (Presidential Council) replaces the phrase
(President of the Republic) wherever it appears in this constitution, and
regulations concerning the president of the republic will come into effect after
one session following the enactment of this constitution.
2nd - (a) The Council of Representatives will elect a president for the nation
and two deputies for him to form a council called the Presidential Council. It
will be elected in one list with a two-thirds majority.
(b) The rules for removing the president of the republic in this constitution
apply to the president and members of the Presidential Council.
(c) The Council of Representatives can remove any member of the
Presidential Council for reasons of lack of competence or integrity with a
three-quarters majority vote by its members.
(d) If any position in the Presidential Council should come empty, the Council
of Representatives shall elect a replacement by a two-thirds majority.
3rd - Members of the Presidential Council must meet the same conditions as
those for a member of the Council of Representatives, that they must:
(a) have reached 40 years of age.
(b) possess a good reputation, integrity and uprightness.
Page 25
(c) have left the dissolved party at least 10 years before its fall if they were
members in it.
(d) not have participated in the repression of the 1991 uprising or the Anfal
Campaign or have committed any crime against the Iraqi people.
4th - The Presidential Council must take its decisions unanimously, and any
member can delegate his position to one of the other two members.
5th - (a) Laws and resolutions passed by the Council of Representatives are
sent to the Presidential Council for approval by unanimity, to be issued within
10 days of the date of their arrival at the council.
(b) If the Presidential Council does not approve, the laws and resolutions are
returned to the Council of Representatives to examine the aspects that were
objected to and to vote on them once more by majority, whereupon they are
sent again to the Presidential Council for approval.
(c) If the Presidential Council does not approve the laws or resolutions again
with 10 days of their arrival, they are returned to the Council of
Representatives which can adopt them by a three-fifths majority of its
members. This cannot be opposed and it is considered approved.
6th - The Presidential Council practices the powers provided for the president
of the republic until the issuing of a decision by the Council of Representatives
as provided for in the 1st clause of this article.
Article (149): 1st - The executive authority will take the necessary steps to
complete implementation of the requirements of Article (58) of the Transitional
Administration Law for the Iraqi State, with all its clauses.
2nd - The responsibilities placed on the executive authority provided for in
Article (58) of the Transitional Administration Law for the Iraqi State are
extended to and will continue for the executive authority until the completion
of (normalization, census, ending with a census in Kirkuk and other disputed
areas to determine the will of the people) in a period no longer than
12/31/2007.
Article (150): Laws legislated in Kurdistan since 1992 remain in effect, and
decisions made by the government of the Kurdistan region - including
contracts and court decisions - are effective unless they are voided or
amended according to the laws of the Kurdistan region by the concerned body,
as long as they are not against the constitution.
Article (151): A proportion of no less than 25 percent of the seats in the
Council of Representatives is specified for the participation of women.
Article (152): 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.
Article (153): This constitution comes into effect after its approval by the
people in a universal referendum and its publication in the official newspaper
and the election of the Council of Representatives in accordance with its
provisions.
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