The new Iraqi constitution after the occupation

Kamal, Asin. The new Iraqi constitution after the occupation, Master's, Ankara, 2007. Iraqi Constitution after USA invasion of Iraq in 2003 is examined as the thesis subject. Previous constitutions which were ratified by previous Iraqi administrations and their basic characters are discussed and a general estimation is tried to present. In this thesis, differences between constitutions are centered by the comparison between constitutions and inconsistent articles are examined. Furthermore the articles which contradicts with the sovereignty are manifested in the assessments with view of national sovereignty of Iraq. For the Provisional Period after 2003, Iraqi State confused legislation, sovereignty and character and source of sovereignty. For instance, in the first line of paragraph B in the article 2 agrees to found a provisional government with full sovereignty in the date of 30 June 2004. But article 59. Paragraph b in the same constitution suggests that Iraqi Armed Forces should withdraw to the command of occupation forces. The basic principles and character of Iraqi State is specified in the Iraqi State Administration Constitution for Provisional Period after 2003. Iraqi Consistent Constitution defines Iraqi Republic as a state which is sovereign, independent and federal. Regime is republican, parliamentary and democratic. Iraq is a country of nations, religions and sects. Arabic and Kurdish are determined as official language and mother tongues as Turkmen, Assyrian and Armenian are stipulated to be spoken in regions of these nations. When we compare Iraqi and Turkish Constitutions, it can be seen that both are republican and democratic states and in both constitutions sovereignty belongs to nation. Both constitutions have dualist structure and jurisdiction is independent.