The

federal Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...

government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...

Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...

is defined under the current

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

, approved in 2005, as an

Islamic Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the mai ...

, democratic,

parliamentary A parliamentary system, or parliamentarian democracy, is a system of democracy, democratic government, governance of a sovereign state, state (or subordinate entity) where the Executive (government), executive derives its democratic legitimacy ...

republic A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...

. The federal government is composed of the

executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dir ...

legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as p ...

, and

judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...

branches, as well as numerous independent commissions.

Federalism in Iraq

Federalism law

Article 114 of the

Constitution of Iraq The Constitution of the Republic of Iraq ( ar, دستور جمهورية العراق Kurdish: دەستووری عێراق) is the fundamental law of Iraq. The first constitution came into force in 1925. The current constitution was adopted on Se ...

provided that no new region may be created before the

Iraqi National Assembly The Council of Representatives ( ar, مجلس النواب, Majlis an-Nuwwāb al-ʿIrāqiyy; ku, ئه‌نجومه‌نی نوێنه‌ران, ''Enjumen-e Nûnerên''), usually referred to simply as the Parliament is the unicameral legislature o ...

has passed a law that provides the procedures for forming the region
A law
was passed in October 2006 after an agreement was reached with the

Iraqi Accord Front The Iraqi Accord Front or Iraqi Accordance Front (Arabic: جبهة التوافق العراقية ''Jabhet Al-Tawafuq Al-'Iraqiyah'') also known as Tawafuq is an Iraqi Sunni political coalition created on October 26, 2005 by the Iraqi Islamic Par ...

to form the constitutional review committee and to defer implementation of the law for 18 months. Legislators from the

Sadrist Movement The Sadrist Movement ( ar, التيار الصدري ') is an Iraqi Islamic national movement led by Muqtada al-Sadr. The movement draws wide support from across Iraqi society and especially from the Shi'a poor in the country. The most important ...

and

Islamic Virtue Party Islamic Virtue Party (in Arabic حزب الفضيلة الإسلامي العراقي, transliterated as Ḥizb al-Faḍīla al-Islāmiyya al-ʿIrāqi or just Al-Faḍīla Party) is an Iraqi political party. After the 2003 Iraq War, the Hizb al- ...

all opposed the bill.

Creating a new region

Under the

Federalism Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments (Province, provincial, State (sub-national), state, Canton (administrative division), can ...

Law a region can be created out of one or more existing

governorates A governorate is an administrative division of a state. It is headed by a governor. As English-speaking nations tend to call regions administered by governors either State (administrative division), states or province, provinces, the term ''govern ...

or two or more existing regions. A governorate can also join an existing region to create a new region. There is no limit to the number of governorates that can form a region, unlike the

Transitional Administrative Law The Law of Administration for the State of Iraq for the Transitional Period ( ar, قانون إدارة الدولة للفترة الانتقالية), also called the Transitional Administrative Law or TAL, was Iraq's provisional constitution fol ...

of the

Iraqi Interim Government The Iraqi Interim Government was created by the United States and its coalition allies as a caretaker government to govern Iraq until the drafting of the new constitution following the National Assembly election conducted on January 30, 2005. T ...

which limited it to three. A new region can be proposed by one third or more of the council members in each affected governorate plus 500 voters or by one tenth or more voters in each affected governorate. A referendum must then be held within three months, which requires a simple majority in favour to pass. In the event of competing proposals, the multiple proposals are put to a ballot and the proposal with the most supporters is put to the referendum. In the event of an affirmative referendum a Transitional Legislative Assembly is elected for one year, which has the task of writing a constitution for the Region, which is then put to a referendum requiring a simple majority to pass. The President, Prime Minister and Ministers of the region are elected by simple majority, in contrast to the

which requires two thirds support.

Executive branch

The executive branch is composed of the

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

and the

Council of Ministers A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/ shire level, but most legislative bodies at the state/provincial or nati ...

President

The President of the Republic is the

head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...

and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution." The President is elected by the Council of Representatives by a two-thirds majority,

, Section 3, Chapter 2, Article 70 and is limited to two four-year terms.

, Section 3, Chapter 2, Article 72 The President ratifies treaties and laws passed by the Council of Representatives, issues

pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...

s on the recommendation of the

Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...

, and performs the "duty of the Higher Command of the armed forces for ceremonial and honorary purposes." There is also a Vice President which assumes the office of the President in case of his absence or removal.

Council of Ministers

The Council of Ministers is composed of the

head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...

and his

cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...

. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet. The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander-in-chief of the armed forces, directs the Council of Ministers, and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives. The cabinet is responsible for overseeing their respective ministries, proposing laws, preparing the budget, negotiating and signing international agreements and treaties, and appointing undersecretaries, ambassadors, the Chief of Staff of the Armed Forces and his assistants, Division Commanders or higher, the Director of the National Intelligence Service, and heads of security institutions.

List of ministries

* Ministry of Human Rights *

Ministry of Defense {{unsourced, date=February 2021 A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in state ...

* Ministry of Displacement & migration * Ministry of Electricity *

Ministry of Agriculture An agriculture ministry (also called an) agriculture department, agriculture board, agriculture council, or agriculture agency, or ministry of rural development) is a ministry charged with agriculture. The ministry is often headed by a minister ...

Ministry of Finance A ministry of finance is a part of the government in most countries that is responsible for matters related to the finance. Lists of current ministries of finance Named "Ministry" * Ministry of Finance (Afghanistan) * Ministry of Finance and Ec ...

Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...

Ministry of Science & Technology A Science Ministry or Department of Science is a ministry or other government agency charged with science. The ministry is often headed by a Minister for Science. List of Ministries of Science Many countries have a Ministry of Science or Ministry ...

* Ministry of Housing & Construction *

Ministry of Culture Ministry of Culture may refer to: *Ministry of Tourism, Cultural Affairs, Youth and Sports (Albania) * Ministry of Culture (Algeria) *Ministry of Culture (Argentina) *Minister for the Arts (Australia) *Ministry of Culture (Azerbaijan) * Ministry of ...

Ministry of Communications A Communications Ministry or Department of Communications is a ministry or other government agency charged with communication. Communications responsibilities includes regulating telecommunications, postal services, broadcasting and print media. T ...

Ministry of Education An education ministry is a national or subnational government agency politically responsible for education. Various other names are commonly used to identify such agencies, such as Ministry of Education, Department of Education, and Ministry of Pub ...

* Ministry of Health * Ministry of Industry & Minerals *

Ministry of Interior An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministry ...

* Ministry of Labor & Social Affairs * Ministry of Oil * Ministry of Planning * Ministry of Trade * Ministry of Municipalities & Public Works *

Ministry of Transportation A ministry of transport or transportation is a ministry responsible for transportation within a country. It usually is administered by the ''minister for transport''. The term is also sometimes applied to the departments or other government ag ...

Ministry of Water Resources Ministry of water resources may refer to: * Ministry of Water Resources (Bangladesh) * Ministry of Water Resources (India) * Ministry of Water Resources (Iraq) * Minister of Water Resources (Nigeria) * Ministry of Water Resources (Pakistan) * Minis ...

* Ministry of Youth & Sports *

Ministry of Higher Education and Scientific Research {{Unreferenced, date=March 2019, bot=noref (GreenC bot) A Ministry of Higher Education is a government department that focuses on the provision or regulation of institutions of higher education. In some countries these exist as ministries compounde ...

Legislative branch

The legislative branch is composed of the

Council of Representatives The Council of Representatives (''Majlis an-nuwab''), sometimes translated as the "Chamber of Deputies", is the name given to the lower house of the Bahraini National Assembly, the national legislative body of Bahrain. The council was created ...

and a

Federation Council The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...

. As of August 2012, the Federation Council had not yet come into existence.

Council of Representatives

The Council of Representatives is the main elected body of Iraq. The Constitution defines the "number of members at a ratio of one representative per 100,000 Iraqi persons representing the entire Iraqi people." The members are elected for terms of 4 years. The council elects the

President of Iraq The president of Iraq is the head of state of Iraq and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Con ...

; approves the appointment of the members of the Federal Court of Cassation, the Chief Public Prosecutor, and the President of Judicial Oversight Commission on proposal by the Higher Juridical Council; and approves the appointment of the Army Chief of Staff, his assistants and those of the rank of division commanders and above, and the director of the intelligence service, on proposal by the Cabinet.

Federation Council

The Federation Council will be composed of representatives from the regions and the governorates that are not organized in a region. The council is to be regulated by law by the Council of Representatives. As of November 2018, the Federation Council had not yet come into existence.

Judicial branch

The federal judiciary is composed of the Higher Judicial Council, the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

, the

Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...

, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated by law. One such court is the Central Criminal Court.

Higher Judicial Council

The Higher Judicial Council manages and supervises the affairs of the federal judiciary.

, Section 3, Chapter 3, Article 91 It oversees the affairs of the various judicial committees, nominates the Chief Justice and members of the Court of Cassation, the Chief Public Prosecutor, and the Chief Justice of the Judiciary Oversight Commission, and drafts the budget of the judiciary. In 2013, the Council of Representatives passed the Iraqi Federal Court Act, which forbids the Chief Justice of the Supreme Court from also being the head of the Judicial Council, and replaced him with the Chief Justice of the

Supreme Court

The Supreme Court is an independent judicial body that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final

court of appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

, settles disputes amongst or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.

Central Criminal Court

The

Central Criminal Court of Iraq The Central Criminal Court of Iraq, or CCCI, is a criminal court of Iraq. The CCCI is based on an inquisitorial system and consists of two chambers: an investigative court and a criminal court. The court was created by the Coalition Provisional Au ...

is the main criminal

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...

. The CCCI is based on an

inquisitorial system An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of a ...

and consists of two chambers: an investigative court, and a criminal court.

Independent commissions and institutions

The Independent High Commission for Human Rights, the

Independent High Electoral Commission The Independent High Electoral Commission ( ar, المفوضية العليا المستقلة للانتخابات; IHEC) is Iraq's electoral commission. The electoral commission is headed by a nine-member board. Seven of those members are votin ...

, and the

Commission on Integrity The Iraqi Commission of Integrity ( ar, هيئة النزاهة; CoI), formerly known as the Commission on Public Integrity (CPI), is an independent commission within the government of Iraq tasked with preventing and investigating corruption at al ...

are independent commissions subject to monitoring by the Council of Representatives. The

Central Bank of Iraq The Central Bank of Iraq (CBI) ( ar, البنك المركزي العراقي) is the central bank of Iraq. It was established in 1947, the same year in which the British occupation of Iraq was ended. CBI's primary objectives are to ensure domestic ...

, the

Board of Supreme Audit Board or Boards may refer to: Flat surface * Lumber, or other rigid material, milled or sawn flat ** Plank (wood) ** Cutting board ** Sounding board, of a musical instrument * Cardboard (paper product) * Paperboard * Fiberboard ** Hardboard, a ty ...

, the Communications and Media Commission, and the

Endowment Commission Endowment most often refers to: *A term for human penis size It may also refer to: Finance *Financial endowment, pertaining to funds or property donated to institutions or individuals (e.g., college endowment) *Endowment mortgage, a mortgage to b ...

are financially and administratively independent institutions. The

Foundation of Martyrs Foundation may refer to: * Foundation (nonprofit), a type of charitable organization ** Foundation (United States law), a type of charitable organization in the U.S. ** Private foundation, a charitable organization that, while serving a good cause ...

is attached to the Council of Ministers. The Federal Public Service Council regulates the affairs of the federal public service, including appointment and promotion.

, Section 3, Chapter 4, Article 107

References

CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...

* {{Asia topic, Government of, title=Governments of Asia, TW=Government of the Republic of China