Master'sOpen Access

The system inspired by the new Iraqı constitution

2007
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Advisor: Prof. Dr. Attila Özer

Abstract (EN)

One striking characteristic of the new Iraqi constitution is that it has beenapproved by referendum. A basic remarkable principle of the constitution isthe federal system. Besides, the parliamentary system is present. Theparliament is selected by people. The main resource of the new constitutionis Islam. Other resources such as justice principles and tradition are alsoincluded. Another new system in the constitution is Kurdish, together withArabic, is accepted as country?s official language. The constitutionestablishes a pluralist system. However, parties that adopt racism andterrorism ideologies (the Baath Party has been supposed to be one of theseparties) are prohibited. As regards rights and freedoms, the constitutionstates rights in details. A novel right concerning citizenship has been addedto the constitution guarantees that children of an Iraqi woman enjoycitizenship in accordance with law. This was restricted to an Iraqi man in thepast. The constitution depends on shared powers principle. Nevertheless,some articles are in direct contradiction to this principle. The legislationorgans of the constitution fall into two assemblies which are the NationalAssembly and Federal Assembly, preserving the proportion of 25% as theshare of representation for women in the seats of the National Assembly. TheNational Assembly can hold a meeting with an absolute majority and make adecision with an overall majority. In relation to the Executive, the constitutiongives the President restricted authorities and the President is elected by theNational Assembly. The executive includes also the Cabinet which isresponsible to the National Assembly. Concerning the judiciary, a HigherJuridical Council a Federal and Supreme Court are established. Theconstitution guarantees an independent judiciary and declares that thejudiciary consists of various types and ranks of courts, and later states thequalifications of the federal authorities which are contradictory to the system,as it gives the regions extraordinary rights. Finally, a conclusion and thetransition rule are determined and, in this section, how the constitution can bechanged is stated.

Author

Dr. Pınar Hakkı

How to Cite

Pınar Hakkı (Master Thesis). The system inspired by the new Iraqı constitution, 2007, Gazi University.

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