Welcome to Constitutional Law 2nd Year Students February 21st, 2015 Lecture 1

Q: What is a “Constitution”?

Is the Operating System (OS) All other subjects (Trade Law, Criminal Law, Civil Law, etc.) are the application programs which must comply with the principles of the OS. A legal guideline, establishes how power and authority is exercised. It assigns the limits of power.

It is the body of law which defines the relationship of different entities within a state, namely, the executive (the government), the legislature (parliament) and the judiciary (judges/court).

Why Constitution? Assures the power is distributed within the state. Establishes main laws and rules for the country. Reflect and satisfy People's interests.

Briefly At its root, the Constitution is a proclamation (declaration) of: (1) the most fundamental beliefs of the society, & (2) how government shall be structured.

History Ottoman Empire, 1925 “Iraqi Basic Law” The 1st Iraqi Republic “Constitution of 1958” The Constitution of 1970 The Constitution of 2005

Section One Fundamental Principles

Article 1

Article 1: The Republic of Iraq is a single federal, independent and fully sovereign state in which the system of government is republican. Is representative, parliamentary, and democratic, and this Constitution is a guarantor (sponsor) of the unity of Iraq.

Article 2

Article 2 First: ISLAM is the official religion of the State and is a foundation source of the legislation

Article 2 A. No law may be enacted that contradicts the established provisions of Islam B. No law may be enacted that contradicts the principles of democracy. C. No law may be enacted that contradicts the rights and basic freedoms set in this Constitution.

Article 2 Second: This Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights to freedom of religious belief and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans.

Article 3