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The federal government of Iraq is defined under the current Constitution as an Islamic,Constitution of Iraq, Section 1, Article 2 democratic, federal parliamentary republic.Constitution of Iraq, Section 1, Article 1 The federal government is composed of the executive, legislative, and judicial branches, as well as numerous independent commissions.
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After the defeat of the Ottoman Empire in 1919, Iraq became a League of Nations mandate under British control. Shaikh Mahmud Barzanji led a Kurdish revolt against the British and established in 1922 an independent Kingdom of Kurdistan in northern Iraq. In 1924 the British defeated Mahmud, and Kurdistan was incorporated into the Kingdom of Iraq. However, Kurdish leaders continued to press for independence or autonomy, including with the Barzani Revolt in 1961. In 1970 the Iraqi government agreed to create the Kurdish Autonomous Region covering three provinces of northern Iraq.
After the end of the Persian Gulf War in 1991 the Kurdish region rose up against President Saddam Hussein and gained de facto independence under the protection of a no fly zone. After the invasion of Iraq in 2003, the Transitional Administrative Law (TAL) recognised the existing regional government and defined Iraq for the first time as a federal country. The TAL also allowed up to three governorates outside Kurdistan to form a Region, except for Baghdad Governorate and Kirkuk Governorate, subject to approval by the Iraqi Interim Government and the population of the new region in a referendum.
Article 114 of the constitution of Iraq provided that no new region may be created before the Iraqi National Assembly has passed a law which provides the procedures for forming the region. This law was passed in October 2006 after an agreement was reached with the Iraqi Accord Front to form the constitutional review committee and to defer implementation of the law for 18 months. Legislators from the Iraqi Accord Front, Sadrist Movement and Islamic Virtue Party all opposed the bill. Iraqi parliament approves federal law, Reuters, 2006-10-11
Under the Federalism Law a region can be created out of one or more existing governorates 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 of the Iraqi Interim Government 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 Iraqi National Assembly which requires two thirds support.
SCIRI has proposed the creation of a Shiite Region covering all nine southern governorates. On March 16 Abdul Aziz al-Hakim, the leader of SCIRI proposed a compromise whereby two Regions are created - one in the far South near Basra and one for the middle Euphrates region. US/Iraqi Attack on Samarra Region Parliament Sworn In, Informed Comment, 2006-03-17
The Islamic Virtue Party governor of Basra has expressed support for a Region covering only Basrah and its two neighbouring governorates of Maysan and Dhiqar. Proposal to divide Iraq into semi-autonomous states gains ground, Kurdish Media, 2005-05-25
The Sadrist Movement supports a stronger central government, saying that federalism should not be applied to the south "while Iraq is still under occupation". Iraq\'s Federalism Debate Rages On, Institute for War and Peace Reporting, 2006-09-26
The legislative branch is composed of the Council of Representatives and the Federation Council.Constitution of Iraq, Section 3, Chapter 1, Article 46
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."Constitution of Iraq, Section 3, Chapter 1, Article 47 The members are elected for terms of 4 years.Constitution of Iraq, Section 3, Chapter 1, Article 54
The council elects the President of Iraq; 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.Constitution of Iraq, Section 3, Chapter 1, Article 58
The Federation Council is composed of representatives from the regions and the governorates that are not organized in a region. The council is regulated in law by the Council of Representatives.Constitution of Iraq, Section 3, Chapter 1, Article 62
The executive branch is composed of the President and the Council of Ministers.Constitution of Iraq, Section 3, Chapter 2, Article 63
The President of the Republic is the head of state 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."Constitution of Iraq, Section 3, Chapter 2, Article 64 The President is elected by the Council of Representatives by a two-thirds majority,Constitution of Iraq, Section 3, Chapter 2, Article 67 and is limited to two four-year terms.Constitution of Iraq, Section 3, Chapter 2, Article 69 The President ratifies treaties and laws passed by the Council of Representatives, issues pardons on the recommendation of the Prime Minister, and performs the "duty of the Higher Command of the armed forces for ceremonial and honorary purposes."Constitution of Iraq, Section 3, Chapter 2, Article 70
The Presidency Council is an entity currently operating under the auspices of the "transitional provisions" of the Constitution. According to the Constitution, the Presidency Council functions in the role of the President until one successive term after the Constitution is ratifiedConstitution of Iraq, Section 6, Chapter 2, Article 134 and a government is seated.Constitution of Iraq, Section 6, Chapter 2, Article 139
The Council of Ministers is composed of the Prime Minister and his cabinet. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet.Constitution of Iraq, Section 3, Chapter 2, Article 73 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.Constitution of Iraq, Section 3, Chapter 2, Article 75
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.Constitution of Iraq, Section 3, Chapter 2, Article 77
The federal judiciary is composed of the Supreme Judicial Council, the Supreme Court, the Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated by law.Constitution of Iraq, Section 3, Chapter 3, Article 86
The Supreme Judicial Council manages and supervises the affairs of the federal judiciary.Constitution of Iraq, Section 3, Chapter 3, Article 88 It oversees the affairs of the various judicial committees,Constitution of Iraq, Section 3, Chapter 3, Article 87 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.Constitution of Iraq, Section 3, Chapter 3, Article 88
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, 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.Constitution of Iraq, Section 3, Chapter 3, Article 90
The High Commission for Human Rights, the Independent Electoral High Commission, and the Commission on Public Integrity are independent commissions subject to monitoring by the Council of Representatives.Constitution of Iraq, Section 3, Chapter 4, Article 99 The Central Bank of Iraq, the Board of Supreme Audit, the Communications and Media Commission, and the Endowment Commission are financially and administratively independent institutions.Constitution of Iraq, Section 3, Chapter 4, Article 100 The Foundation of Martyrs is attached to the Council of Ministers.Constitution of Iraq, Section 3, Chapter 4, Article 101 The Federal Public Service Council regulates the affairs of the federal public service, including appointment and promotion.Constitution of Iraq, Section 3, Chapter 4, Article 104
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