Iraqi Constitution Project - Updated

[Layth]

Peace all,

I am placing the English text for the Iraqi constution here for input/feedback/comments/ideas. I have sent a copy of this in Arabic to Dr. Mohammed Shahrour (Islamic writer), and Dr. Munther Al-Fadl (Iraqi lawer) for both feedback and endorcement.

I believe what may work best is if this constitution is "endorced" by as many people as possible to get attention (we could do a petition like the one for Queen Rania).

Anyway, I would like people to think out loud...

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CONSTITUTION OF THE REPUBLIC OF IRAQ

We, the people of Iraq, hereby enter into a covenant with God, to establish a republic to promote justice, fairness, equality, freedom, and the pursuit of security and happiness for all. (Quran 1690-91)

ARTICLE I

1. This constitution shall override and supersede any existing constitutions, legislations, or laws within the republic.
2. The Quran shall be the basis for this republic and shall be the source for all its legislation and laws.
3. This constitution shall take effect in all provinces and geographic areas currently known as ?Iraq? and which shall be defined by its mutually agreed borders.
4. All people and entities within the republic are obligated to uphold and defend this constitution at all times.
5. Baghdad shall be designated as the permanent capitol for the republic of Iraq.
6. Arabic shall be the official language of the republic.
7. Citizenship shall be granted by law to any person who is legally residing within the borders of the republic and applies for such citizenship.

ARTICLE II

Freedoms and rights are granted by this constitution to every person in the republic and may not be suspended, diluted, or obstructed. (Quran 1770)

1. Freedom Of Speech

All people have the right of free speech, freedom of the press, the right to assemble, the right to protest peacefully, the right to establish unions, and the right to establish political parties. (Quran 718-9)

2. Freedom Of Faith

All people have the right to believe in any faith or religion they may see fit. The freedom of faith includes the establishment of temples, mosques, synagogues, churches and any other constructs used for such purpose. (Quran 2256)

3. Freedom Of Movement

All people may travel freely throughout the public lands of the republic and exit its borders with no hindrance, restriction, or delay. Such right extends to include the movement of goods. (Quran 2956)

4. Right To Privacy

All people have the right to privacy against spying, trespassing, obtaining, and/or sharing private information. (Quran 3353, 4912)

5. Right To Possess Wealth

All people have the right to possess wealth, and/or land surfaces, and to engage in trade, development, and commerce. (Quran 314)

6. Right To Welfare

The republic is obligated to provide food and shelter and medical services to those in need. All people have the right to be granted security, education, and equal employment opportunities within the ability of the republic. (Quran 2126)

7. Right To Equality

All men and women are granted equal rights and opportunities irrespective of race, colour, faith, or any other discrimination. (Quran 4913)

8. Right To Seek Justice

All people and/or entities have the right to demand justice against any wrongdoing or crime that befalls them without obstruction or undue delay. (Quran 414

9. Right To Representation In Government

All citizens have the right to petition their elected representative on the national council and seek solutions by such elected representative and/or the national council. (Quran 581)

ARTICLE III

The legislative powers of the republic shall be vested in a national council that shall be representative of the people and which shall conduct its business through the process of open discussion and consultation in all matters. Each national council member carries one-vote, and council decisions become law based on a 2/3 or more vote on specific issues. (Quran 423

National council members must be 40 years of age or older, and must be of sound mind and character. (Quran 4615, 4913)

Each settlement with a population of 100,000 shall be eligible to elect one of its population as a representative for national council membership. Settlements with populations in multiples of 100,000 shall be eligible to have one representative elected for national council membership for each multiple. (Quran 37147-14

Settlements with populations below 100,000 shall have their number added to the settlement geographically nearest until the number reaches 100,000.

Eligible voters shall be as those male and female citizens who have reached the age of eighteen or above.

National council members are elected as those who achieve the highest number of votes from the settlement where they reside, on condition that they have resided there for a minimum period of three years. In cases where a tie vote has occurred between two or more national council member nominees, a run-off vote will be held between the tying members until the number of available council seats are filled.

The total number of elected national council members should not fall below twelve representatives. Should it fall below twelve, then a multiple of each settlement elected national council member will be used to reach a minimum of twelve council members through elections.

Elected national council members shall serve one term of four years per election beginning on the first day of the new moon after the autumn equinox. No national council member shall be eligible to be elected for a fourth term.

New elections shall be concluded 90-days prior to the end of the existing national council members term of office to ensure smooth transition and handover of duties and responsibilities.

In cases of death or resignation, a new national council member shall be elected from the same settlement to serve the remaining term of the departed national council member.

The national council is granted the following powers

1. The power to make laws in accordance with, and which must not add to, or change from, the laws stipulated in the Quran. (Quran 548-50)
2. The power to make policies and strategies necessary to ensure the smooth functioning of the republic. (Quran 459)
3. The power to appropriate payment and compensation schemes for all levels of government, including the national council. (Quran 2826)
4. The power to stipulate taxation for individuals and corporations, on condition that such taxation does not exceed 20 percent. (Quran 841)
5. The power to establish the benchmark for weights, measures, time keeping, and minimum wages within the republic. (Quran 6152, 785)
6. The power to coin money as legal tender, only if such money is coined in gold or silver or backed by gold or silver. (Quran 934)
7. The power to borrow money, interest free, on behalf of and for the needs of the republic. (Quran 2282, 2275)
8. The power to lease public lands for the purpose of development and betterment. (Quran 774)
9. The power to preserve and protect wildlife and natural ecological balances. (Quran 51-2, 3041)
10. The power to appropriate funds and approve spending budgets for the republic. (Quran 2195)
11. The power to call for audits and/or checks on any branch or department of government. (Quran 1736)
12. The power to enter into treaties and/or agreements with other nations/peoples. (Quran 872)
13. The power to establish a military for land, sea, and air. (Quran 860)
14. The power to establish a security force for the protection of people and their rights within the republic. (Quran 682)
15. The power to end armed conflict in/or between foreign nations. (Quran 499-10)
16. The power to aid and/or assist oppressed people in foreign nations, by granting them asylum and/or negotiating on their behalf, on condition that they have requested such help. (Quran 475, 872)
17. The power to provide humanitarian aid and/or assistance for crisis relief of any foreign nation and/or people in need. (Quran 2177)
18. The power to declare war and appropriate a war cabinet only if the republic is attacked or under an imminent and recognizable threat of attack. (2190-193)
19. The power to call for a public militia to defend the republic. (Quran 865)

All national council members shall assemble on the 15th day of each month for a period of three days to discuss legislation and/or appropriation and/or any matters that concern the well being of the republic and its citizens and/or pass laws. The national council may vote to shorten or extend its assembly on condition that the assembly does not fall below one full day and one gathering per quarter. The national council may also be called for assembly at any other time during the year at the request of at least six national council members.

ARTICLE IV

The executive powers of the republic shall be placed in a prime minister who shall be appointed by the national council. (Quran 2124)

The prime minister will serve a term of four years that may be renewed once.

The prime minister shall be responsible for carrying out the approved policies and strategies of the national council. The prime minister shall also be responsible for the administration and management of the republic, setting rules and regulations necessary to ensure the smooth functioning of all branches of government, budget preparation and recommendation, and the appointment of all ministers.

The prime minister shall also be responsible for the establishment of the infrastructure of the republic of roads, power, water treatment, mail delivery, sewage treatment, public offices/buildings, libraries, schools, hospitals, and any other construct required for the service of the public or the betterment of life for people under the republic.

The prime minister shall represent the republic before foreign dignitaries/nations and may enter into non-binding negotiations/discussions regarding all matters that concern the republic.

ARTICLE V

The Judicial powers of the republic shall be independently placed in a high court and its subsequent lower courts that shall rule according to the laws placed by the national council. (Quran 2150)

The high court shall be comprised of twelve justices who shall be appointed by the national council and who shall hold office as long as proper conduct and legal adherence is maintained. The high court shall have the responsibility of appointing court judges, presiding over cases of treason, presiding over impeachment of the prime minister or council members, and having the ultimate judicial authority over lower courts.

The high court?s decisions are binding based on a 2/3 or more vote. (Quran 423

All people being detained for prosecution for a crime will have their constitutional rights as outlined in ARTICLE II temporarily suspended and replaced with the following rights

1. Right To Presumption Of Innocence

All people accused are considered innocent until proven guilty. The burden of proof falls upon the accuser. If the court finds the accused to be innocent of the charges put forth, then no further legal proceedings or accusations on the same case may be presented to any other house of law. (Quran 4912)

2. Right To A Fair And Speedy Trial

All people accused of a crime have the right to a fair trial which shall be free of prejudice, influence, or any external factors that may cause injustice to occur. The accused also has the right to be tried quickly without undue delay. (Quran 45

3. Right To An Attorney

All people accused of a crime shall have the right to be represented through a specialized attorney if they should so chose. If an attorney cannot be arranged or afforded by the accused, then it is the responsibility of the republic to provide an attorney with no expenses to the accused. (Quran 2612-14)

4. Punishment Does Not Exceed The Crime Committed

The court is responsible for ensuring that all punishments and rulings decreed by its officers are less than or equal to the nature of the crime committed. Therefore, excessive bail shall not be required, nor excessive fines imposed, nor cruel and unreasonable punishments inflicted. (Quran 16126)

5. Right Of Confrontation

Any person being accused has the right to face his/her accusers in any house of law. (Quran 4912)

6. Right To Appeal

All people have the right to appeal a ruling that is found to be against them by requesting that a new trail be set with a different judge presiding. An appeal may only be carried out one time, unless it can be proven through credible evidence that both trials did not display fairness or a full analysis of facts, in which case the high court will preside over the matter, and their judgement supersedes all other judgements and shall be final. (Quran 2178-79)

ARTICLE VI

Government shall be funded primarily through the revenue generated from the legal sale of the product(s) of Iraq?s natural public resources (i.e. fresh water, fish, crops, oil, gas, coal, metals, precious stones), as well as the revenue generated by government through services and/or taxation.

ARTICLE VII

All branches of the government of the republic shall operate in complete transparency and openness. Records must be made public, and meetings of the council shall be deliberated to an open audience, or through a televised screening. (Quran 5810)

The only exception to this transparency requirement shall be matters that are deemed threatening to the security of the republic (Quran 589), and in such cases the records of such deliberations may be concealed from the public for a maximum period of five years or as long as the national council deems there to be a clear and present danger to the republic from the release of such information.

ARTICLE VIII

Government officials, government employees and elected national council members, shall not hold any other position or title while serving in government or on the national council.

All government officials, government employees, and elected national council members shall be obligated to take the oath of the republic as stipulated below and shall be legally bound by it

Oath of the republic ?I solemnly swear before God and before the witness of the citizens of this republic to uphold the role of to the best of my abilities to protect the integrity of the constitution and the republic. I swear to live my life according to the laws and regulations of the republic and to uphold the highest moral character. I swear to work in the best interest of the republic and to constantly strive to improve life for its citizens. I swear never to abuse my position or authority in any way shape or form for personal gain. I swear never to carry favour to any person or persons or group be they family members or friends or acquaintances beyond what is fair and just. I swear to stand for and to promote the laws of peace and justice and equality wherever I may be. I have placed God as a witness over this oath of mine, may He have mercy on my soul and guide me to always do what is right.?

ARTICLE IX

No branch of government or person from the republic may directly or indirectly finance, sponsor, or engage in, the destabilization or undermining of any country or nation by way of design and/or by way of covert or otherwise armed operations. (Quran 2204-205, 382

ARTICLE X

Government shall encourage and support the pursuit of creativity, arts, sciences, exploration, and technical innovation within the republic. (Quran 2740, 3413, 5533)

Government shall also ensure that intellectual rights be protected from infringement and unauthorized duplication. (Quran 318

ARTICLE XI

Amendments towards the betterment of this constitution may be made (Quran 118 based on a 5/6 vote of the national council and a unanimous endorsement from the high court justices as to the legality of the amendment in view of the existing articles of constitution. All amendments must be listed as such and not inserted into the original text of this constitution.