Nathan
GA Member
- Jul 2, 2018
- 629
With the fall of Saddam, the government had a question on how best to move it's self forward. For Prime Minister Hasaan Zafar, now was the opportune time to introduce a brand new constitution. The matter was brought to the Council of Representatives. Based on the American constitution, the government argued this would give the nation a strong figurehead president, whilst retaining the democratic checks of balance of a legislature and judiciary.
Whilst the bill has it's supporters, it also faced stiff opposition from both Saddam himself and smaller parties who felt the move would westernise Iraq whilst also promoting a 2 party state. The bill is due for a vote shortly, with representatives gathering in the chamber.
The Congress of the Republic of Iraq shall hold all legislative powers of the Federal Government.
Lower House – Council of Representatives
Each member of the council shall be 21 years of age, be a citizen of the Republic of Iraq for 5 years and live in the province they wish to represent.
If a vacancy arises, the speaker of the council of representatives shall issue writs to action a new election.
The Council will choose its own speaker and officers.
The number of representatives per province will be determined by their proportion of the total population of the Republic of Iraq.
Upper House – Federation Senate
Members must be 30 years old, be a citizen for 10 years and live in the province they wish to represent. They shall be elected for 6-year terms. The Senators will be divided into 3 classes, each of which will stand for election every 2 years.
The Vice President of the Republic of Iraq shall be the President of the Senate but have no vote unless the council is equally divided.
The Council will choose their own other officers and a President Pro Tempore to act as the President of the Senate when the Vice President is unable.
The Council shall have the sole power to try all impeachments. If the President of the Republic of Iraq is tried, the chief justice must preside. No person shall be convicted without a two third majority of present members.
Impeachment will lead to the removal from office and future disqualification to hold further office, trust and profit only.
Congress
The Election of Senators and representatives will be held at a time, place and manner of the choosing of the congress.
Each house will judge its election results, qualifications and requirements for a quorum.
Each house may determine its own behaviour rules, and with two third support may expel a member for disorderly conduct,
The business of each house must be recorded and published publicly, except in cases where either house feels it’s business must be done in secrecy for security purposes.
Neither house may adjourn for more than 3 days, nor to any other location without the consent of the other.
Each senator and representatives shall receive compensation for their services paid from the treasury of the Republic of Iraq. No member shall be sued for libel or defamation for speaking in the chamber.
Any bills of raising revenue shall originate in the Council of Representatives, but the senate may concur or propose amendments on other bills.
Each bill must be passed by both the house and the senate. It may then be presented to the President of the Republic of Iraq who may choose to sign it or veto it within 10 working days. A Veto may be overruled by a two third majority in each house.
Congress will have the power to;
Curbs on Congressional power
The right of habeas corpus shall not be suspended unless in cases of rebellion or invasion.
No bill of attainder or ex post factor law shall be passed.
No tax or duty shall be laid on articles exported from any state.
No title of nobility shall be granted by the Republic of Iraq.
No money shall be drawn from the treasury without the consent of the Council of Representatives of Iraq.
Curbs on State Power
No Province shall enter any treaty, alliance or confederation, grant letters of maque and reprisal, coin money, emit bills of credit, make anything but gold and silver coin a tender in payment of debts, pass any bill of attainder, ex post factor law, or law impairing the obligation of contracts or grant a title of nobility.
No state without the consent of congress shall law any imposts or duties on imports or exports, except where necessary for executing its inspection laws.
No Province shall without the consent of congress lay any duty of tonnage, keep troops or ships at law in time of peace, enter any agreement with the state or foreign power unless invaded and in such danger, it cannot delay seeking the consent of congress.
The president
The executive Power shall be held by the President of Iraq. He shall hold office for a maximum term of four Years, together with the Vice President, chosen for the same Term.
The President shall be the Commander in chief of the Military of Iraq, and of the militia of the provinces.
The President will have the power of reprieves and pardons for offenses against Iraq, except in the case of impeachment,
The President, with the consent and advice of the Federal Senate may make treaties, providing two thirds of the senate agree and he shall nominate, with the advice and consent of the senate ambassadors, public ministers, consuls, judges of the Supreme Court and all other officers of the Republic of Iraq.
The President may fill up all vacancies that happen during the recess of the Senate by granting commissions which will expire at the end of their next session.
The President shall give to Congress a state of union address and recommend measures as he shall judge as necessary. He may convene both houses, or either of them. He may adjourn them to such time he thinks proper.
He shall ensure all laws are executed faithfully and shall commission all officers of Iraq.
The President, Vice President, and all civil officers of the Republic of Iraq may be removed from office on impeachment for, and conviction of treason, bribery, other high crimes and misdemeanours.
The Judiciary
The judicial power of the Republic of Iraq will be invested in one Supreme Court, and in lower courts which the Congress may establish and arrange.
The Judicial power shall extend to all cases in law and equity, the laws of the Republic of Iraq and treaties made to all cases affecting ambassadors, public ministers and consuls, admiralty and maritime law, controversies regarding the republic of Iraq and controversies between two provinces, districts, or governates, between citizens and states, citizens and land claims and between states, or their citizens and foreign states, citizens, or subjects.
The Supreme Court will be the final arbitrator of legal cases in their matters, and may have the power to strike down laws that do not comply with the constitution of Iraq.
Laws shall be created with consideration of Sharia law.
State Rights
Any change to the constitution shall require a two third majority in each house
Implementation of the Constitution.
All debts collected and engagements before the adoption of this constitution remain valid against the Republic of Iraq
The Constitution shall be the supreme law of the land, and all judges are bound to the laws of the constitution in both Federal and Provincial law.
Each President, Vice President, Senator, representative, executive and judicial officers both the Federal and Provincial governments shall be bound to oath or affirmation to support and uphold the constitution.
Bill of Rights
Lower House – Council of Representatives
Each member of the council shall be 21 years of age, be a citizen of the Republic of Iraq for 5 years and live in the province they wish to represent.
If a vacancy arises, the speaker of the council of representatives shall issue writs to action a new election.
The Council will choose its own speaker and officers.
The number of representatives per province will be determined by their proportion of the total population of the Republic of Iraq.
Upper House – Federation Senate
Members must be 30 years old, be a citizen for 10 years and live in the province they wish to represent. They shall be elected for 6-year terms. The Senators will be divided into 3 classes, each of which will stand for election every 2 years.
The Vice President of the Republic of Iraq shall be the President of the Senate but have no vote unless the council is equally divided.
The Council will choose their own other officers and a President Pro Tempore to act as the President of the Senate when the Vice President is unable.
The Council shall have the sole power to try all impeachments. If the President of the Republic of Iraq is tried, the chief justice must preside. No person shall be convicted without a two third majority of present members.
Impeachment will lead to the removal from office and future disqualification to hold further office, trust and profit only.
Congress
The Election of Senators and representatives will be held at a time, place and manner of the choosing of the congress.
Each house will judge its election results, qualifications and requirements for a quorum.
Each house may determine its own behaviour rules, and with two third support may expel a member for disorderly conduct,
The business of each house must be recorded and published publicly, except in cases where either house feels it’s business must be done in secrecy for security purposes.
Neither house may adjourn for more than 3 days, nor to any other location without the consent of the other.
Each senator and representatives shall receive compensation for their services paid from the treasury of the Republic of Iraq. No member shall be sued for libel or defamation for speaking in the chamber.
Any bills of raising revenue shall originate in the Council of Representatives, but the senate may concur or propose amendments on other bills.
Each bill must be passed by both the house and the senate. It may then be presented to the President of the Republic of Iraq who may choose to sign it or veto it within 10 working days. A Veto may be overruled by a two third majority in each house.
Congress will have the power to;
- Lay and collect taxes, duties, imposts, excises, to pay the debt and provide for the common defence and wellbeing of the Republic of Iraq.
- Borrow money or credit
- Regulate Commerce with foreign nationals and among the several states
- Establish and enforce a uniform rule on naturalization and uniform laws on bankruptcy.
- To coin money and regulate it’s value and foreign coin as well as the standard of weights and measures.
- Establish post offices, railroads and roads
- Promote the progress of science and arts.
- Constitute tribunals lower than the supreme court
- Define and punish piracies and felonies committed on the high seas and offences against the law of nations.
- To declare war, grant letters of marque and reprisal and make rules concerning captures on land and water.
- To Raise and support the military of Iraq
- To make rules for the Government and regulation of the military
- To provide for calling a military to execute the laws of the union, suppress insurrections and repel invasions.
- To provide for organising, arming and discipline of the militia.
- To exercise exclusive legislation of the city of Baghdad, as well as lands purchased or acquired by the Federal government with the consent of the state of which the territory belonged.
- To make all laws necessary and proper for carrying out the powers listed above.
Curbs on Congressional power
The right of habeas corpus shall not be suspended unless in cases of rebellion or invasion.
No bill of attainder or ex post factor law shall be passed.
No tax or duty shall be laid on articles exported from any state.
No title of nobility shall be granted by the Republic of Iraq.
No money shall be drawn from the treasury without the consent of the Council of Representatives of Iraq.
Curbs on State Power
No Province shall enter any treaty, alliance or confederation, grant letters of maque and reprisal, coin money, emit bills of credit, make anything but gold and silver coin a tender in payment of debts, pass any bill of attainder, ex post factor law, or law impairing the obligation of contracts or grant a title of nobility.
No state without the consent of congress shall law any imposts or duties on imports or exports, except where necessary for executing its inspection laws.
No Province shall without the consent of congress lay any duty of tonnage, keep troops or ships at law in time of peace, enter any agreement with the state or foreign power unless invaded and in such danger, it cannot delay seeking the consent of congress.
The president
The executive Power shall be held by the President of Iraq. He shall hold office for a maximum term of four Years, together with the Vice President, chosen for the same Term.
- Each Province shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the Province may be entitled in the Congress. No Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
- At the time of taking office, the President must be; a natural-born citizen, at least 35 years of age, an inhabitant of the Republic of Iraq for a minimum of 10 years.
- If the office of President of Iraq and vice president of Iraq shall become vacant, either due to their death, resignation, incapacitation or removal from office. The Congress may by law legislate on their removal from office and declare which officer shall act until their incapacitation is removed, or a new President or Vice President is elected.
- The President will be compensated for their service, but this must not decrease or rise during their period of office.
The President shall be the Commander in chief of the Military of Iraq, and of the militia of the provinces.
The President will have the power of reprieves and pardons for offenses against Iraq, except in the case of impeachment,
The President, with the consent and advice of the Federal Senate may make treaties, providing two thirds of the senate agree and he shall nominate, with the advice and consent of the senate ambassadors, public ministers, consuls, judges of the Supreme Court and all other officers of the Republic of Iraq.
The President may fill up all vacancies that happen during the recess of the Senate by granting commissions which will expire at the end of their next session.
The President shall give to Congress a state of union address and recommend measures as he shall judge as necessary. He may convene both houses, or either of them. He may adjourn them to such time he thinks proper.
He shall ensure all laws are executed faithfully and shall commission all officers of Iraq.
The President, Vice President, and all civil officers of the Republic of Iraq may be removed from office on impeachment for, and conviction of treason, bribery, other high crimes and misdemeanours.
The Judiciary
The judicial power of the Republic of Iraq will be invested in one Supreme Court, and in lower courts which the Congress may establish and arrange.
The Judicial power shall extend to all cases in law and equity, the laws of the Republic of Iraq and treaties made to all cases affecting ambassadors, public ministers and consuls, admiralty and maritime law, controversies regarding the republic of Iraq and controversies between two provinces, districts, or governates, between citizens and states, citizens and land claims and between states, or their citizens and foreign states, citizens, or subjects.
The Supreme Court will be the final arbitrator of legal cases in their matters, and may have the power to strike down laws that do not comply with the constitution of Iraq.
Laws shall be created with consideration of Sharia law.
State Rights
- Any citizen who is charged with a crime in one province who flees to another province, shall at the request of the original province’s executive be extradited to the custody of the receiving state.
- New Provinces may be admitted by congress into the Federal Republic of Iraq. Congress will have the power to make all needed laws and regulations respecting the territory or property of the Republic of Iraq, and this constitution shall not prejudice the claims of the Republic of Iraq or any province.
- The Federal government will guarantee each province’s democratic government and protection from invasion and inter-province conflict.
Any change to the constitution shall require a two third majority in each house
Implementation of the Constitution.
All debts collected and engagements before the adoption of this constitution remain valid against the Republic of Iraq
The Constitution shall be the supreme law of the land, and all judges are bound to the laws of the constitution in both Federal and Provincial law.
Each President, Vice President, Senator, representative, executive and judicial officers both the Federal and Provincial governments shall be bound to oath or affirmation to support and uphold the constitution.
Bill of Rights
- Congress shall make no law prohibiting the free exercise or curtailing the freedom of speech, the press or the right to peacefully assemble, protest and petition the government.
- Freedom of Religious expression must be upheld.
- No Soldier or government agent shall in times of peace be quartered in any house without the consent of the owner.
- In all criminal prosecutions, the accused will be afforded a quick and public trial. Be informed of the nature of the accusation and be confronted by the witnesses and have the assistance of legal counsel for defence.
- In cases of serious crime, the right to a trial by jury shall not be infringed.
- No Iraqi citizen shall held in slavery.
- No rights stated in the constitution shall be used to deny or disparage the rights of others.
- Any powers not delegated to the federal government shall be held by the Provinces.