Costituzione del Regno dIraq 21 Marzo 1925 cosμ come emendata il 29 Luglio 1925 In the name of God, the Merciful, the
Compassionate! We, King of Iraq, as a result of the decision
of the Constituent Assembly, have confirmed our constitution and have ordered
its promulgation: Introduction Art. 1 This law shall be known as «The Iraq
constitution»; its provisions shall be in force in all parts of the Kingdom of
Iraq. Art. 2 Iraq is a sovereign State,
independent and free. Her territories are indivisible and no portion thereof
may be given up. Iraq is a constitutional hereditary monarchy with a
representative Government. Art. 3 The city of Baghdad shall be the
capital of Iraq. In case of necessity, another place may be selected as
capital, in accordance with the provisions of a law. Art. 4 The flag of Iraq shall be of the
following shape and dimensions: - The length of the flag shall be double its
breadth. It shall be divided horizontally into three colours of equal size and
parallel to each other, the upper section being black, the others white and
green respectively. On the side of the staff there shall be a red trapezoid,
the greater base of which shall be equal to the breadth of the flag and the
lesser base equal to the breadth of the white section, the height being equal
to one quarter of the length of the flag. In the centre there shall be two
white stars of seven points each, in a perpendicular position, parallel to the
staff. The position of the flag, and the arms,
insignia and decorations of the State shall be determined in accordance with
special laws. Part I The Rights of the People Art. 5 Iraq nationality shall be defined
by a special law and will be acquired or lost in accordance with the terms
thereof. Art. 6 There shall be no differentiation
in the rights of Iraqis before the law, whatever differences may exist in
language, race or creed. Art. 7 There shall be no violation of,
or interference with, the personal liberty of any of the inhabitants of Iraq.
None of them shall be arrested, detained, punished or obliged to change their
place of residence, or be placed in bonds, or compelled to serve in the armed
forces, except in conformity with law. Torture and the deportation of Iraqis from the
Kingdom of Iraq are absolutely forbidden. Art. 8 The inviolability of all places
of residence is guaranteed. They may not be entered or searched except in such
circumstances and in such manner as may be prescribed by law. Art. 9 No person shall be prevented from
having recourse to the courts, nor be obliged to have recourse to a court other
than the court competent to deal with his case, except in accordance with law. Art. 10 All rights of ownership shall be
safeguarded. No forced loans may be imposed, nor may any real or personal
property be sequestrated, nor any prohibited article confiscated, except in
conformity with law. All unpaid forced labour and general confiscation of
movable or immovable property are absolutely forbidden. There shall be no
expropriation of the property of any person except in the public interest, and
in such circumstances and in such manner as may be prescribed by law, and on
condition that just compensation be paid. Art. 11 No tax may be imposed except in
accordance with law, the provisions of which shall apply to all classes of the
people. Art. 12 Freedom of expression of opinion,
liberty of publication, of meeting together, and of forming and joining
associations is guaranteed to all Iraqis within such limits as may be
prescribed by law. Art. 13 Islam is the official religion of
the State. Freedom to practise the rites; of the different sects of that
religion, as observed in Iraq, is guaranteed. Complete freedom of conscience
and freedom to practise the various forms of worship, in conformity with
accepted customs, is guaranteed to all inhabitants of the country provided that
such forms of worship do not conflict with the maintenance of order and
discipline or public morality. Art. 14 All Iraqis shall have the right
of presenting petitions and memorials to the King, Parliament and the public
authorities, setting forth complaints, whether relating to matters where they
are personally concerned or to matters of public interest, in such
circumstances and in such manner as may be prescribed by law. Art. 15 All postal and telegraphic
correspondence and all telephonic communications shall be secret and free from
censorship or detention, except in such circumstances and in such manner as may
be prescribed by law. Art. 16 The various communities shall
have the right of establishing and maintaining schools for the instruction of
their members in their own tongues, provided that such instruction is carried
out in conformity with such general programmes as may be prescribed by law. Art. 17 Arabic shall he the official
language, except as may be prescribed by it special law. Art. 18 Iraqis shall be equal in status,
as regards the enjoyment of their rights and the discharge of their
obligations. Government appointments shall be bestowed upon them alone, to each
one without discrimination, in accordance with his capacity and fitness. No
persons other than Iraqis shall be employed in Government appointments, except
in such exceptional circumstances as may be prescribed by a special law.
Foreigners who must or may be employed in accordance with treaties and
agreements shall not come within the scope of this article. Part II The Prerogatives of the Crown Art. 19 The sovereignty of the
constitutional Kingdom of Iraq resides in the people. It. is a trust confided
by them to King Faisal, son of Husain, and to his heirs after him. Art. 20 The Heir Apparent shall be the
eldest son of the King, in direct line, in accordance with the provisions of
the law of succession. Art. 21 On accession to the throne, the
King shall swear an oath before a joint meeting of the Chamber of Deputies and
the Senate, which shall be presided over by the president of the Senate, that
he will observe the terms of the constitution, preserve the independence of the
country and strive faithfully to further the interests of both country and
people. Art. 22 The King shall attain his
majority on completion of the 18th year. In the event of the throne passing to
a person below that age, the King's prerogatives shall be exercised by a Regent
chosen by the former King, until such time as the King attains his majority.
The Regent, however, may not assume this dignity, nor carry out the functions
thereof, unless Parliament approves of his appointment. Should Parliament not
approve, or should the former King fail to appoint a Regent, the Regent shall
be appointed by Parliament. The Regent shall swear an oath before Parliament,
as prescribed in the preceding article. Until such time as the Regent has been
appointed and has token the oath, the constitutional prerogatives of the King
shall be exercised by the Council of Ministers on behalf of the people of Iraq,
the council being responsible therefor. No modification may be introduced into
the constitution during the regency concerning the King's prerogatives and succession
to the throne. Whenever the necessity for the appointment of a
Regent arises, Parliament shall be convoked immediately. Should the Chamber of
Deputies be dissolved, and the election of the new chamber be not yet
completed, the former chamber shall be convoked for this purpose. Art. 23 The King may absent himself from
Iraq in case of need, subject to the passing and publication of a resolution of
the Council of Ministers to that effect. Before his departure from Iraq, the
King shall with the approval of the Council of Ministers appoint a Regent or
Council of Regency, and define the prerogatives which he confers upon him or
them. Neither the Regent nor any member of the
Council of Regency shall exercise any of the royal prerogatives, until he has taken
the oath prescribed in article 21 of the constitution. The oath shall be sworn before Parliament, if
in session, in the manner prescribed by article 21 above. Otherwise it shall be
sworn before the Council of Ministers, in the presence of both the presidents
of the Senate and of the Chamber of Deputies, or persons acting on their
behalf. No Minister may act as Regent or member of the
Council of Regency. If a member of Parliament is appointed Regent or member of
the, Council of Regency, he may not carry out his parliamentary duties while
acting in that capacity. Should the King's absence extend over a period
exceeding 4 months and Parliament not be in session, it shall be convoked
forthwith, in order to deal with the matter. The Regent or member of the Council of Regency
must be of Iraq nationality and must not be less than 30 years of age, but, a
male relative of the King who has completed his 18th year may also, be
appointed. Art. 24 The King may not ascend a throne
outside Iraq, except with the consent of Parliament. Art. 25 The King is safeguarded and is
not responsible. Art.
26 1.
The King is the supreme head of the State. He confirms laws, orders
their promulgation and supervises their execution. By his order regulations are
drawn up for the purpose of giving effect to the terms of laws, in so far as
such laws contain provisions therefor. 2.
The King issues orders for the holding of general elections to the
Chamber of Deputies and for the convocation of Parliament. He opens Parliament,
adjourns, prorogues or dissolves it, in accordance with the provisions of this
law. 3.
Should necessity arise, when Parliament is not sitting, for taking
urgent measures for the maintenance of order and public security, or to ward
off a public, danger, or for the urgent expenditure of public moneys not
authorised by the budget or by special law, or for the fulfilment of treaty
obligations the King shall have the right of issuing ordinances, with the
concurrence of the Council of Ministers, having the force of law, directing
that the necessary steps shall be taken according to circumstances, provided
that they are not contrary to the provisions of this constitution Such
ordinances must all be laid before Parliament at its first session, with the
exception of those issued for the purpose of fulfilling treaty obligations
approved by Parliament or the Constituent Assembly. Should Parliament not
approve these ordinances, the Government must declare them to be no longer
operative and they shall be considered to be abrogated as from the date of such
declaration. Such ordinances shall be signed by all Ministers. The word «law» shall include ordinances issued in accordance with the
provisions of this article, unless the text contains anything to the contrary. 4.
The King concludes treaties. He may not ratify them, however, until they
have been approved by Parliament. 5.
The King select. the Prime Minister, and upon the recommendation of the
latter appoints Ministers and accepts their resignation from office. 6.
The King appoints the members of the Senate and accepts their
resignation from office. 7.
The King, upon the proposal of the responsible Minister, appoints and
dismisses all diplomatic representatives, civil officials, qadhis and civil
judges, and bestows military rank, unless, ill accordance with special
regulation, he delegates that power to some other authority. He also has the
right of conferring honours and titles and similar marks of distinction. 8.
The King is Commander-in-chief of all the armed forces. He declares war
subject to the consent of the Council of Ministers. He concludes treaties of
peace, provided that, he shall not definitely ratify them until approved by
Parliament. He may also proclaim martial law to be in force, subject to the
provisions of this law. 9.
The coinage shall be struck in the King's name. 10.
The death sentence shall not be, carried out until confirmed by the
King. The King may reduce sentences or remit them by special pardon. He may
also pronounce a general amnesty subject to the consent, of both assemblies. Part III The Legislature Art. 27 The King shall exercise his
powers by means of Royal Iradas [Decrees]. They shall issue upon the proposal
of the responsible Minister or Ministers with the concurrence of the Prime
Minister, and shall be, signed by them. Art. 28 Legislative power is vested in
Parliament and the King. Parliament is composed of the Senate and the Chamber
of Deputies. The legislature has the right of making laws
and of amending and repealing them in conformity with the provision, of this
law. Art. 29 The King shall open Parliament in
person or depute the Prime Minister or one of the Ministers for that purpose to
perform the opening ceremony and deliver the speech from the throne. Art. 30 No person may become a member of
the Senate or Chamber of Deputies 1.
Who is not a national of Iraq. 2.
Who claims foreign nationality or protection. 3.
Who is less than 30 years of age in the case of deputies and less than
40 years of age in the case of senators. 4.
Who has been adjudicated bankrupt and has not been legally
rehabilitated. 5.
Who has been interdicted, such interdiction being still in force. 6.
Who has lost his civil rights. 7.
Who has been sentenced to a. term of imprisonment, for a period not less
than 1 year in respect of any offence not of a political nature, or has been
sentenced to any imprisonment for theft, bribery, breach of trust, forgery,
fraud or any other crime incompatible with personal honour. 8.
Who has a material interest direct or indirect in any contract with a
public department of Iraq, unless such interest arises from his being a
shareholder in a company composed of more than 25 persons. Farmers of land tax
and lessees of Government «mulk» and «miri» lands shall be excepted from the
operation of this clause. 9.
Who is a lunatic or an idiot. 10.
Who is related to the King in such degree as may be prescribed by
special law: Provided always that no person may be a member
of both assemblies at the same time. Art. 31 The Senate shall be composed of
not more than 20 members, appointed by the King, from among persons whose
conduct has secured the confidence and esteem of the public and those who have
served the State and nation with distinction in the past. Art. 32 The term of membership of the
Senate shall be 8 years, half the Senators retiring every 4 years, such
retiring Senators being eligible for re-appointment. On the occasion of the
first change being made, the first half shall be selected by lot. Art. 33 The president and vice-president
shall be elected by the assembly from among their number for a period of 1 year
subject to confirmation by the King. They shall be eligible for re-election. Art. 34 The Senate shall assemble and
disperse at the same time as the Chamber of Deputies. Art. 35 A member of the Senate, in
addition to travelling expenses, shall receive an annual allowance of 5,000
rupees for each ordinary session only, and a sum of 1,250 rupees for every
mouth in prolongation of such session or for every month of an extraordinary
session. Art. 36 The Chamber of Deputies shall be
constituted by election of the basis of 1 deputy for every 20,000 males. Art. 37 The method of election to the
Chamber of Deputies shall be prescribed by a special law based on the principle
of the secret ballot and the necessity for the representation non-Islamic minorities. Art. 38 The term of the Chamber of
Deputies shall be for 4 ordinary sessions, each year 1 session beginning on the
1st Day of November following the elections. If the 1st of that month fails on
an official holiday, then from the day following, subject to the terms of
paragraph (2) of article 26, dealing with the dissolution of the chamber. Art. 39 The King shall convoke the
chamber for its ordinary sittings in the capital on the 1st day of November of
each year, in accordance the terms of article 38. Should the chamber not be so convoked on that
day, it shall meet of its own accord. Thereupon it shall commence its ordinary
session, which shall extend for 4 months, unless the King has dissolved the
chamber before the expiration of that period, or has extended the duration of
the session to facilitate the completion of urgent business. Should the
duration of the session be so extended, such session may not exceed a total
period of 6 months. The chamber may adjourn from time to time
according to the internal regulations of the chamber. It shall also adjourn its
sittings if the King shall so order not more than 3 times in any session, for
periods which shall not exceed a total period of 2 months. In computing the
period of the session the time covered by the said adjournments shall not be
counted. Art.
40 1.
In the event of a dissolution of the chamber, fresh elections must. be
held. The new chamber shall be convoked in extraordinary session within a
period not exceeding 4 months from the date of dissolution. This session shall
be held in accordance with the terms of article 39 of this law relating to
adjournment and extension. Such session must be prorogued on the 31st October
in any event, in order that the first ordinary session of the period mentioned
above may begin at the beginning of November. If the extraordinary session
occurs in the months of November and December, such session shall be considered
the first ordinary session of that period. If the Chamber of Deputies is
dissolved for any special reason, the new chamber may not. be dissolved for the
same reason. 2. When not in ordinary session, the King may convoke Parliament for an extraordinary session to deal with matters referred to in the order of convocation. Such session shall be prorogued by Royal Irada. Art. 41 A former deputy is eligible for
re-election. Art. 42 Every male Iraqi who has
completed his 30th year and is not under any of the disqualifications set out
in article 30, is eligible for membership of the Chamber of' Deputies. He may
represent only one of the constituencies to be prescribed by the electoral law.
In the event of a person being elected for more than one constituency, he must
choose the constituency which he desires to represent, within a period of 8
days from the date on which he is informed. Officials who are elected have the
right of deciding whether they will accept membership or not. With the
exception of Ministers, those who decide to become members must give up their
Government appointments during the period of membership. Art. 43 The Chamber of Deputies shall
settle any question connected with the qualifications requisite for the
election of deputies, including objections raised against. their election. It
shall also deal with matters relating to vacancies and resignations. Art. 44 The Chamber of Deputies shall
elect a president, two vice-presidents and two secretaries from among their
number each year, during the first sitting of the chamber. The result of this
election shall be made known to the King and shall be confirmed by him. When
necessary, one of the vice-presidents shall act for the president. Art. 45 Every member of the Chamber of
Deputies has the right to propose the enactment of a draft law, except in what
concerns; the financial matters referred to hereinafter, provided that he has
the support of ten of his colleagues. If such proposal is accepted by the
chamber, it shall be sent to the Council of Ministers, in order that a draft
law may be prepared. Any proposal which is rejected by the chamber may not be
re-introduced during the same session. Art. 46 A member may resign his seat as
deputy by forwarding his resignation in writing to the president. Such
resignation shall not become effective unless accepted by the Chamber of
Deputies. Art. 47 In the event of a vacancy
occurring in the Chamber of Deputies caused by the death, resignation, loss of
requisite qualifications, or absence from the chamber of any member, a
by-election shall be held immediately, in compliance with a notification by the
president. Art. 48 A member in the Chamber of
Deputies is regarded as being a representative of the whole of Iraq and not of
his constituency alone. Art. 49 A member absent from the chamber
without leave or without just cause for a period of 1 month is considered to
have resigned, subject to the terms of article 46. Art. 50 In addition to travelling
expenses, a member of the Chamber of Deputies shall receive an annual allowance
amounting to 4,000 rupees for an ordinary session and 1,000 rupees for every
additional month beyond that period, or for every month of an extraordinary
session. Art. 51 Before entering upon their
labours, deputies and senators shall take an oath before their respective
assemblies that they will be loyal to the King, observe the constitution, serve
the nation and the country, and faithfully perform the duties for which they
have been elected. Art. 52 Neither assembly shall enter upon
its labours unless the sitting is attended by at least one more than half of
its members. Art. 53 Decisions shall be taken by a
majority of votes of the members present, unless otherwise provided by this
law. If the voting is equal, the president shall have a casting vote. No
majority shall be obtained unless half the members. present cast their vote.
Each member shall vote in person. The method of voting shall be prescribed in
the internal regulations of the assembly. Art. 54 Every member of Parliament has
the right to put questions and demand explanations from Ministers. Discussions
arising therefrom and from answers given in reply thereto shall be carried on
in the manner prescribed by the internal regulations of each assembly, provided
that such discussion shall not take place until 8 days at least have elapsed
from the day on which such questions or demands for explanations were put. This
procedure may be departed from in urgent cases or by consent of the Minister. Art. 55 The assemblies shall pass draft
laws article by article separately, and then again as a whole. Art. 56 No armed force may enter the
assembly or remain near its precincts, unless requested to do so by the
president. Art. 57 The meetings of both assemblies
shall be open to the. public. At the request, however, of one of the Ministers,
or four of the senators, or ten of the deputies, the debate on the question
under discussion shall be conducted in
camerβ. Art. 58 No person may enter either
assembly and speak. therein, except members, Ministers or high officials
deputed by Ministers during their absence, or a person invited so to do by the
assembly. Art. 59 The Senate and the Chamber of
Deputies shall have the right of issuing rules and regulations concerning the
following matters: 1.
The manner of exercising and maintaining the powers, privileges and
safeguards conferred upon the assembly by this law. 2.
The transaction of the business of both assemblies and the conduct of
debates, whether sitting separately or jointly. Art. 60 No member of Parliament shall be
arrested or brought to trial while Parliament is in session, unless the
assembly of which he is a member shall pass a resolution by a majority of votes
that sufficient reasons exist for his being charged, or unless he is arrested
while in the act of committing a crime. Every member shall have the right of
absolute freedom of speech, subject to the regulations of the assembly of which
he is a member. No legal proceedings shall be taken against him on account of a
vote given, or opinion expressed, or speech made during the debates and
discussions of the assembly. Should a representative be arrested for any reason
when Parliament is not sitting, the Government must inform the assembly thereof
when it re-assembles, furnishing explanations and reasons therefor. Art. 61 A Minister who is a member of
either the Senate or Chamber of Deputies shall have the right of voting in the
assembly of which he is a member and the right of speaking in both assemblies.
Ministers who are not members of either assembly shall have the right of
speaking in both, but not of voting. Ministers, or persons representing them in
their absence, shall have the right of precedence over other members in
addressing the assemblies. Art.
62 1.
All draft laws must be submitted to one of the two assemblies. It
passed, they shall be submitted to the other assembly. They shall not become
law unless passed by both assemblies and confirmed by the King. 2.
Both assemblies shall deal with draft laws presented to them by the
Government. After they have been passed, they shall be submitted to the King,
who shall either confirm them or return them, stating his reasons for so doing,
within a period of 3 months. Should one of the assemblies decide that any draft
law is of an urgent nature, such draft law must be confirmed, or returned
within a period of 15 days for reconsideration, together with a statement of
the reasons for so doing. 3.
Any draft laws rejected by both assemblies shall not be re-introduced
during the same session. Art. 63 In the event of one of the
assemblies rejecting a draft law twice, and the other assembly insisting upon
its acceptance, a joint meeting of the members of the Senate and Chamber of
Deputies shall be held, presided over by the president of the Senate, with the
object of discussing the articles regarding which a divergence of opinion
exists. If the draft law is accepted, with or without amendment, by a majority
composed of two-thirds of the members of the joint assembly, such draft law
shall be considered to have been passed by both assemblies, but shall not
become low until it has been confirmed by the King. If not passed in this
manner, such draft law shall not be re-introduced into either assembly during
the current session. Part IV The Council of Ministers Art. 64 The number of the Ministers of
State shall not exceed 9 nor be less than 6. No person may be a Minister who is
under any of the disqualifications mentioned in article 30. A Minister who is
not a member of either assembly shall not. remain in office for more than 6
months, unless appointed member of the Senate or elected to the Chamber of
Deputies before the expiration of flint period. A Minister who is receiving a
salary as a Minister shall not at the same time be entitled to his allowances
as member of one of the assemblies. A Minister shall not be allowed to buy or
lease any of the property or possessions of the State. Art. 65 The Council of Ministers will
undertake the conduct of affairs of State. It shall assemble under the
chairmanship of the Prime Minister, in order to decide what steps shall be
taken with regard to affairs concerning more than one Ministry; and in order to
deal with important matters in which the various Ministries are concerned. The
Prime Minister shall submit the recommendations of the council to the King for
the purpose of obtaining his orders. Art. 66 Ministers of State shall be
jointly responsible to the Chamber of Deputies for affairs dealing by the
various Ministries and responsible severally for acts relating to each of the
Ministries and departments attached thereto. Should the Chamber of Deputies
pass a vote of no confidence in the Cabinet by a majority of members present,
the Cabinet must resign. If the resolution in question relates to one Minister
only, such Minister must resign. At the request of the Prime Minister or of the
Minister concerned, the Chamber shall, once only, postpone a vote of no
confidence for a period not exceeding 8 days. The Chamber shall not be
dissolved during the period. Art. 67 A Minister shall despatch all
business relating to his Ministry and departments attached thereto in manner
prescribed by law. Part V The Judicature Art. 68 Judges shall be appointed by
Royal Irada and may only be removed in the circumstances mentioned in the
special law dealing with the conditions governing their qualifications,
appointment, grades and method of dismissal. Art. 69 The Courts shall be divided into
three classes: 1. Civil courts. 2. Religious courts. 3. Special courts. Art. 70 The manner of instituting the
courts, the places where they are to be established, the grades, divisions, jurisdiction
and supervision thereof, and the execution of judgments shall be determined by
special laws, subject to the provisions of this law. Art. 71 The courts shall be free from all
interference in the conduct of their affairs. Art. 72 All sittings of the courts shall
be open to the public, unless some legal justification exists for holding
sittings in camerβ. Judgments of
the courts, as well as the proceedings thereof, may be published, except those
relating to sittings held in camerβ.
All judgments shall issue in the name of the King. Art. 73 The civil courts shall have
jurisdiction over all persons in Iraq, in all actions and civil and criminal
matters, and those brought by or against the Iraq Government, with the
exception of actions and matters coming within the jurisdiction of the
religious or special courts, as stated hereinafter in this law, or in any other
law in force. Art. 74 The jurisdiction of the civil
courts includes civil, commercial and criminal matters, in accordance with the
laws in force, provided that in matters relating to the personal status of
foreigners and in other civil and commercial matters in which by international
custom the terms of the law of a foreign country are to be applied, such law
shall be applied in manner to be prescribed by special law. Art. 75 The religious courts shall be
divided into 1. Shara courts. 2.
The spiritual councils of the communities. Art. 76 The Shara courts alone shall be
competent to deal with actions relating to the personal status of Moslems and
actions relating to the administration of Waqf foundations. Art. 77 Justice shall be administered in
the Shara courts in accordance with the terms of the Shara doctrine peculiar to
each of the Islamic sects, in conformity with the terms of a special law. The
Qadhi shall be a member of the sect to which the majority of the inhabitants of
the place to which be is appointed belong, maintaining the appointment of both
Sunni and Jaferi Qadhis in the cities of Baghdad and Basra. Art. 78 The spiritual councils of the
communities include the Jewish spiritual councils and the Christian spiritual
councils. Such councils shall be established, and powers of jurisdiction
conferred upon them, by a special law. Art. 79 The spiritual councils shall be
competent to deal with the following matters: 1.
Matters relating to marriage, dowry, divorce, separation, alimony,
attestations of wills other than those attested by a notary public (with the
exception of those matters coming within the jurisdiction of the civil courts
relating to members of the community), but excluding foreigners who are members
of such community. 2.
Any other matter of personal status relating to members of the
communities, if the parties so agree. Art. 80 The procedure to be followed and
the fees to be levied in the spiritual councils of the communities shall be
prescribed by special law. Succession, freedom of testamentary disposition and
similar matters relating to personal status not. coming within the jurisdiction
of the spiritual councils of the communities, shall be regulated by a law. Art. 81 A High Court shall be established
for the trial of Ministers and members of Parliament accused of political
offences relating to their public duties; and for the trial of judges of the
Court of Cassation for offences arising out of the performance of their duties;
and for examining matters, connected with the interpretation of laws, and their
conformity with the constitution. Art. 82 Should it be necessary to hold a
trial as stated in the preceding article, the High Court. shall be convened by
means of a Royal Irada to be issued in pursuance of a resolution charging the
person concerned, which shall have been passed separately in each ease by a
two-thirds majority of the members present in the Chamber of Deputies. The
court shall be composed of 8 members, not including the president, to be
selected by the Senate in the ratio of four from their own numbers and four
from among the senior judges. 16 shall assemble under the chairmanship of the
President of the Senate. If lie is unable to attend, the court shall be
presided over by the vice-president. Art. 83 Should it be necessary to
investigate any matter relating to the interpretation of the provisions of this
or to ascertain whether any of the laws or regulations in force contravenes the
provisions of the constitution, the High Court shall be convoked by Royal
Irada, to be issued with the concurrence of the Council of Ministers. The court
shall be constituted and set up in accordance with the terms of the preceding
article. Should Parliament not be in session, the members referred to in the
preceding article shall be appointed in conformity with the terms of the Royal
Irada, issued for the convocation of the court. Art. 84 Should it be necessary to interpret
laws or regulations in circumstances other than those laid down in the
preceding article, a Diwan Khas [special bench] shall be constituted at the
request of the Minister concerned, presided over by the president of the Civil
Court of Cassation, three members of the court being selected from among the
judges of the Court of Cassation, and three others from among senior
administrative officials, in accordance with a special law. Art. 85 Cases dealt with by the High
Court must be settled in accordance with law and by a two-thirds majority of
the court. The decisions of the court shall not be subject to appeal or
cassation. Persons accused by the Chamber of Deputies must relinquish their
functions forthwith. If they resign, the legal proceedings instituted against
them shall continue. Art. 86 Every decision taken by the High
Court to the effect that any law, or any article of any law, contravenes the
terms of the constitution must be taken by a two-thirds majority of the court.
If a decision of this nature is taken, the law, or portion of the law in
question, contravening the constitution, shall be deemed to be repealed ab initio. Art. 87 Decisions taken by the High Court
regarding matters referred to in article 83 (with the exception of those matters
referred to in article 86) and taken by the Diwan Khas regarding matters
referred to in article 84 shall be taken by a majority of the court or Diwan
Khas. Such decisions shall apply to all courts and Government departments. Art. 88 Special courts or committees
shall be set up when necessity for dealing with the following matters: 1.
For the trial of members of the Iraq military forces for offences
mentioned in the Military Penal Code. 2.
For settling criminal and civil cases relating to the tribe, in accordance
with tribal custom as provided for by special law. 3.
For the settlement of disputes arising between the Government and
Government servants concerning their duties. 4.
For investigating disputes relating to the possession or boundaries of
lands. Art. 89 The procedure to be followed in
the special courts, the fees to be levied, the method of appeal from the
judgments of such courts, and the manner in which such judgments may be set
aside or confirmed, shall all be prescribed by special law. Part VI Financial Matters Art. 90 All taxes and excise dues shall
remain unaltered as from the coming into force of this law, until changed by
law. Art. 91 No taxes shall be imposed except
in accordance with a law confirmed by the King after approval by Parliament: provided
that this shall not apply to sums of money received by Government departments
in return for public services rendered, or for the enjoyment of Government
property. Art. 92 Taxes shall be collected from the
various classes of taxpayers, without distinction, and no person may be
exempted from payment thereof, except in accordance with law. Art. 93 No property of the State may be
sold, granted, leased or otherwise disposed of except in accordance with law. Art. 94 No monopoly or concession shall be
granted for dealing with or using any of the natural resources of the land, nor
for any public service, nor shall the State revenues be farmed out, except in
accordance with law, provided that where the period relating to them exceeds 8
years, they must in each ease be the subject of a special law. Art. 95 The Government may not contract
any loan, nor undertake anything involving payment out of public moneys, except
in accordance with a special law, unless the budget law makes provision
therefor. Art. 96 All money received by Government
officials must be paid into the State Treasury and accounted for in accordance
with such procedure as is prescribed by law. Art. 97 No salary may be allotted, nor
remuneration paid, nor any moneys belonging to the State Treasury expended for
any reason whatsoever, except in accordance with law. No item in the budget
estimates shall be expended except in such manner as is prescribed by law. Art. 98 The budget estimates shall be
sanctioned by an annual law known as «the budget law». The budget law must
contain an estimate of the income and expenditure for the year in question. Art. 99 Parliament must approve the
budget in the session preceding the commencement of the financial year to which
the law in question relates. Art. 100 The Minister of Finance must in
the first place submit to the Chamber of Deputies all draft laws for the
appropriation of moneys or for increasing, decreasing or cancelling the
approved budget estimates. Similarly, the budget law and all draft laws
relating to loans to be contracted by the Government must be submitted to the
Chamber of Deputies. Art. 101 The debate on the budget law and
voting thereon shall take place article by article separately. It shall then be
voted upon as a whole. The budget shall be voted upon vote by vote. Art. 102 Should it he found necessary to
expend sums of money urgently while Parliament is not sitting, the expenditure
of which has not been sanctioned by the budget or by a special law, the King
may, with the concurrence of the Council of Ministers, issue royal ordinances
directing that financial measures shall be taken as provided by paragraph (3)
of article 26. Art. 103 Parliament may pass a law for the
appropriation of specified sums of money, to be expended over a period of
years. Art. 104 A law shall be passed providing
for the setting up of a department for the purpose of examining all expenditure
and for the drawing up of a report for presentation to Parliament, at least
once in each year, as to whether such expenditure is in conformity with the
appropriations as approved by Parliament and has been expended in accordance
with the procedure laid down by law. Art. 105 No draft law may be introduced,
nor any proposal put forward in either assembly, involving the expenditure of
any portion of the public revenues, except by a Minister. Art. 106 The Chamber of Deputies may not
take any decision, nor propose any amendment to a draft law, involving the
reduction of expenditure arising out of treaties approved by Parliament, or the
Constituent Assembly, unless approved by the King. Art. 107 Should the new financial year
have begun before the promulgation of the budget law relating thereto, and
should Parliament have assembled, the Minister of Finance shall submit a draft
law containing provisional budget estimates for a period not exceeding 2
months. On the expiration of the period covered by such estimates, the Minister
of Finance may submit a fresh draft law of a similar nature. This procedure may
be repeated on such occasions as may be necessary. Should Parliament not be
sitting, the budget of the preceding year shall be followed without prejudice
to the right of issuing the ordinances referred to in article 102. Art. 108 The currency system of the State
shall be established by law. Part VII Administration of the
Provinces Art. 109 The administrative districts of
Iraq, their classes, names, manner of institution, the powers of the officials
and their titles shall be prescribed by a special law. Art. 110 The law referred to in the
preceding article shall provide that steps shall be taken in certain of the
administrative divisions to ensure the performance of any obligations relating
thereto, arising out of treaties concluded by the King and approved by Parliament
or the Constituent Assembly. Art. 111 Municipal affairs in Iraq shall
be administered by means of municipal councils in accordance with a special
law. In the administrative divisions, administrative councils shall perform
such duties as may be prescribed for them by law. Art. 112 Each community shall have the
right of establishing councils in important administrative districts, competent
to administer buildings and properties dedicated to Waqfs [pious foundations]
and bequests for charitable purposes. They shall be competent to deal with the
collection of income derived therefrom, and the expenditure thereof, in
accordance with the wishes of the donor or with the custom in use among the
community. Such communities shall also undertake the supervision of the
property of orphans in accordance with law. The councils referred to above
shall be under the supervision of the Government. Part VIII Confirmations of Laws and
Judgments Art. 113 Ottoman laws published before the
5th November, 1914, and laws, published on or after that date which have
remained in force in Iraq up to the time of the publication of this law, shall
remain in force in Iraq so far as circumstances permit, subject to any
modification or repeal in conformity with the proclamations, regulations and
laws referred to in the following article, and until they are altered or
repealed by the legislative power, or the High Court issues a decision
rendering them null and void in accordance with the provisions of article 86. Art. 114 All proclamations, regulations
and laws issued by the Commander-in-chief of His Britannic Majestys forces in
Iraq, the Civil Commissioner, and the High Commissioner. and those issued by
the Government of His Majesty King Faisal during the period between the 5th
November, 1914, and the date of the coming into force of this constitution,
shall be considered to be valid as from the date on which they came into force.
Any portion thereof still unrepealed by that date shall remain in force until
changed or repealed by the legislative power, or until the High Court issues a
decision rendering them null and void, in accordance with the provisions of
article 86. Art. 115 Every person shall be considered
to be released and exempt from all claims relating to any acts performed by him
in good faith in conformity with instructions issued by the Commander-in-chief
of His Britannic Majesty's forces in Iraq, the Civil Commissioner, the High
Commissioner, the Government of His Majesty King Faisal or by any official duly
authorised thereunto, whether in a military or civil capacity, with a view to
the suppression of hostilities, the establishment and consolidation of order
and public security, or the carrying out of orders issued in accordance with
martial law between the 5th November, 1914, and the date of the coming into
force of the constitution. Every act referred to in this article shall be
considered to have been done in good faith, unless the complainant can furnish
proof to the contrary. Any action or judicial proceeding with regard to any
such act shall not. be entertained and shall be considered null and void in the
absence of such proof brought forward by the complainant. Art. 116 All judgments passed in civil and
Shara actions by the Ottoman courts before the occupation by His Britannic
Majesty's forces, and likewise judgments passed in civil and Shara actions by
the courts set up after the said occupation, or by Political and Assistant
Political Officers, in matters which come within their jurisdiction, shall be considered
to have been given by the regularly constituted courts of Iraq. Art. 117 All judgments and decisions in
criminal matters given by the courts set up after the occupation by His
Britannic Majesty's forces or by courts-martial, military courts or by any
Military Governor or Political or Assistant Political Officer or other
officials authorised to try criminal offences and also the penalties imposed
upon those persons tried in the courts referred to above, or by the persons
referred to, shall all be considered to have been passed by the regularly
constituted courts of Iraq. Part IX Constitutional Amendments Art. 118 Parliament may, within 1 year
from the coming into force of this law, amend any of the subsidiary matters
contained therein or add to them, in order that the objects of this law may be
given effect, provided that Parliament shall agree by a two-thirds majority of
votes in both chambers. Art. 119 Subject to the provisions of the
preceding article, no amendment whatsoever may be made in the constitution for
a period of 5 years from the date of the coming into force thereof, nor after
the expiration of that period, except in the following manner. Every amendment must be approved by a
two-thirds majority of both the Chamber of Deputies and the Senate. After such
amendment has been approved, the Chamber of Deputies shall be dissolved and a
new chamber elected. An amendment which has been approved by the former chamber
shall be submitted again to the new Chamber and Senate. If approved by a two-thirds
majority of each assembly the amendment shall be submitted to the King for
confirmation and promulgation. Part X General Provisions Art. 120 Should disturbances occur, or
should anything happen indicating the likelihood of the occurrence of events of
such a character in any part whatsoever of Iraq, or should there be a menace of
hostile attack upon any part whatsoever of Iraq, the King shall have power,
subject to the approval of the Council of Ministers, to proclaim martial law
provisionally in those districts of Iraq exposed to the danger of disturbances
or attacks. The application of the existing laws and regulations may be
suspended by the proclamation declaring martial law in force, in such places
and to such extent as may be prescribed in such proclamation, provided that
those charged with the execution of the proclamation shall be subject to any
legal consequences of their acts, until a special law ahs been passed by
Parliament exempting them therefrom. The method of administration of the places
in which martial law has been declared to be in force shall be prescribed by
Royal Irada. Art. 121 Should it. be necessary to
interpret any provision of law: 1.
Should the interpretation relate to the provisions of this constitution,
it shall appertain to the High Court, as stated in part V of this law. 2.
Should the interpretation relate to any law connected with the
administration of public affairs, it shall appertain to the Diwan Khas, as
stated in Part V of this law. 3.
Any other matters requiring interpretation shall appertain to the courts
of justice having jurisdiction in the cases in which need for interpretation
arises. Art. 122 The Department. of Islamic Waqfs
shall be considered to be an official Government department, its affairs being
administered and its finances regulated in accordance with a special law. Art. 123 This law shall come into force
from the date of which it is confirmed by the King. Made at Baghdad on the 21st day of March, 1925,
and the 25th day of Shaban, 1343. Faisal. FONTE: British and Foreign State
Papers,
1926, Parte I, Volume CXXIII, Londra 1931, pp. 383-402. |
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