Constitution of Iraq

The Constitution of Iraq is the fundamental law of Iraq. The first constitution came into force in 1925. The current constitution was drafted and approved in 2005. Iraq is an Islamic democracy.

Iraq's first constitution, which established a constitutional monarchy, entered into force under the auspices of a British military occupation in 1925 and remained in effect until the 1958 revolution established a republic. Interim constitutions were adopted in 1958, 1963, 1964, 1968, and 1970, the last remaining in effect de jure until the Transitional Administrative Law was adopted. In 1990, a draft constitution was prepared but never promulgated due to the onset of the Gulf War.

The current constitution was approved by a referendum that took place on 15 October 2005. The constitution was drafted in 2005 by members of the Iraqi Constitution Drafting Committee to replace the Law of Administration for the State of Iraq for the Transitional Period (the "TAL"). The TAL was drafted between December 2003 and March 2004 by the Iraqi Governing Council, an appointed body that was selected by the Coalition Provisional Authority after the Iraq War and occupation of Iraq by the United States and Coalition forces.

Under a compromise brokered before the referendum, it was agreed that the first parliament that was to be elected pursuant to the new constitution would institute a Constitutional Review Committee with a view to determine whether the constitution should be amended. Any amendments agreed would have to be ratified by a similar referendum to the one that originally approved it. After this agreement was entered into, the Sunni-majority Iraqi Islamic Party agreed to back a Yes vote in the referendum that took place on October 15, 2005. The Constitutional Review Committee was constituted by the Iraqi parliament on 25 September 2006.

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