The Provisional Constitution of the Federal Republic of Somalia ( so, Dastuurka Jamhuuriyadda Federaalka Soomaaliya) is the supreme law of

Somalia Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constituti ...

. It provides the legal foundation for the existence of the Federal Republic and source of legal authority. It sets out the rights and duties of its citizens, and defines the structure of

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 ...

. The

Provisional Constitution A provisional constitution, interim constitution or transitional constitution is a constitution intended to serve during a transitional period until a permanent constitution is adopted. The following countries currently have,had in the past,such a c ...

was adopted on August 1, 2012 by a National Constitutional Assembly in

Mogadishu Mogadishu (, also ; so, Muqdisho or ; ar, مقديشو ; it, Mogadiscio ), locally known as Xamar or Hamar, is the capital and most populous city of Somalia. The city has served as an important port connecting traders across the Indian Oc ...

Banaadir Banaadir ( so, Banaadir, ar, بنادر, it, Benadir) is an administrative region ('' gobol'') in southeastern Somalia. It covers the same area as the city of Mogadishu, which serves as the capital. It is bordered to the northwest by the Shabel ...

. Somalia's provisional Constitution provides for a parliamentary system of government, with the President of Somalia as

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 an appointed

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 i ...

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, ...

. The country has a bicameral

legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

, which consists of the Senate (upper house) and the House of the People (lower house). Together, they make up the Federal Parliament of Somalia.

Previous constitutions

On June 20, 1961, and through a

popular referendum A popular referendum (also known, depending on jurisdiction, as citizens' veto, people's veto, veto referendum, citizen referendum, abrogative referendum, rejective referendum, suspensive referendum or statute referendum)Maija SetäläReferendum ...

, the people of Somalia ratified a new Constitution, which was first drafted in 1960. The Constitution of 1961 had provided for parliamentary democracy, with the Prime Minister and Council of Ministers (cabinet) being drawn from the membership of the legislature. The legislature also elected the head of state, or president of the republic. The people of Somaliland did not vote on the Somali constitution after the southerners seized power over it.

Somali Democratic Republic

In 1969, following the assassination of Somalia's second president,

Abdirashid Ali Shermarke Abdirashid Ali Sharmarke ( so, Cabdirashiid Cali Sharmaarke, ar, عبد الرشيد علي شارماركي) (8 June 1919 – 15 October 1969), also known as Abdirashid Shermarke, was Prime Minister of Somali Republic from 12 July 1960, to 14 J ...

, the military staged a coup on October 21 (the day after Shermarke's funeral), and took over office. The Supreme Revolutionary Council (SRC) that assumed power was led by Major General Siad Barre. Barre shortly afterwards became the head of the SRC. The SRC subsequently renamed the country the

Somali Democratic Republic The Somali Democratic Republic ( so, Jamhuuriyadda Dimuqraadiya Soomaaliyeed; ar, الجمهورية الديمقراطية الصومالية, ; it, Repubblica Democratica Somala) was the name that the socialist military government gave to Som ...

,J. D. Fage, Roland Anthony Oliver, ''The Cambridge history of Africa'', Volume 8, (Cambridge University Press: 1985), p.478.''The Encyclopedia Americana: complete in thirty volumes. Skin to Sumac'', Volume 25, (Grolier: 1995), p.214. arrested members of the former government, banned political parties,. dissolved the parliament and the Supreme Court, and suspended the Constitution.Peter John de la Fosse Wiles, ''The New Communist Third World: an essay in political economy'', (Taylor & Francis: 1982), p.279. A new Constitution was ratified on August 25, 1979 through a

, under which elections for a People's Assembly were held. However, Barre's

Somali Revolutionary Socialist Party The Somali Revolutionary Socialist Party (SRSP), , it, Partito Socialista Rivoluzionario Somalo was the ruling party of the Somali Democratic Republic from 1976 to 1991. History SRSP was created by the military regime of Siad Barre under S ...

politburo continued to rule. The Constitution of 1979 provided for a presidential system under which the president served as both head of state and head of government. As head of government, the president selected the members of 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 ...

, which he chaired. The Constitution of 1979 initially called for the president to be elected to a six-year, renewable term of office by a two-thirds majority vote of the legislature. After Barre's overthrow, a provisional government called for a new Constitution to replace the 1979 document that had been the law of the land at the time of his ouster.

Federal Republic of Somalia

Constitutional institutions

The Constitution of the Federal Republic of Somalia promotes human rights, the rule of law, general standards of

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

, justice, participatory consultative and inclusive government, the

separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...

between 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 ...

and an independent

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

, in order to ensure accountability, efficiency and responsiveness to the interests of the people. The Federal Republic of Somalia is a federal republic with a

parliamentary system A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of th ...

, where much of the executive power lies with 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 i ...

Presidency

The Somali federal president is the

. The presidential powers of the head of state are far reaching and are carried out in accordance with the Constitution and the other laws of the Federal Republic of Somalia. These powers include appointing the head of the executive (Prime Minister), serving as Commander-in-Chief of the Armed Forces and declaring a state of emergency and

war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...

Executive branch

The executive power of the federal government is vested in the federal cabinet. The Prime Minister is the

. They head the federal Cabinet, consisting of ministers appointed on the Prime Minister's suggestion. The Prime Minister is elected for a full term of 4 years and can only be dismissed by parliament electing a successor in a

vote of no confidence A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...

Judicial branch

Judicial authority of the Federal Republic is vested in the courts. The judiciary is independent of the legislative and executive branches of government whilst fulfilling its judicial functions. It can declare statutes as null and void if they are in violation of the Federal Constitution. The national court structure consists of: *The Constitutional Court *The Federal Government level courts *The Federal Member State level courts

Legislative branch

The main body of the legislative branch is Somalia's bicameral

parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

, the Federal Parliament, which enacts federal legislation except laws related to the annual budget. Each member of the Federal Parliament has the right to initiate legislation, as does the cabinet. The lower house comprises 275 MPs, while the

upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...

is capped at 54 representatives.

References

External links

Provisional Constitution
(adopted August 1, 2012) {{Constitutions of Africa Government of Somalia