Iraq · Constitution
Constitution of the Republic of Iraq
Approved by referendum in October 2005. It establishes a federal parliamentary republic, recognises Islam as a source of legislation and provides that no law may contradict its established provisions, while equally protecting democratic principles and the rights in the constitution. Article 141 recognises legislation enacted by the Kurdistan Region since 1992. The distribution of competences in Articles 110 to 115, and especially control of oil and gas from fields not in production in 2005, has been the central unresolved federal question.
The constitutional text
Approved by referendum in October 2005. It establishes a federal parliamentary republic, recognises Islam as a source of legislation and provides that no law may contradict its established provisions, while equally protecting democratic principles and the rights in the constitution. Article 141 recognises legislation enacted by the Kurdistan Region since 1992. The distribution of competences in Articles 110 to 115, and especially control of oil and gas from fields not in production in 2005, has been the central unresolved federal question.
Separation of powers
Genuinely federal in form: 15 governorates not organised into a region, plus the Kurdistan Region, which has its own Parliament, government, judiciary and security forces. Governorates may petition to form new regions. Residual powers lie with the regions and governorates rather than the centre, and regional law prevails over federal law outside the exclusive federal competences — the reverse of the usual federal rule.
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