Law of Administration for the State of Iraq for the Transitional Period
Encyclopedia
The Law of Administration for the State of Iraq for the Transitional Period (also called the transitional administrative law or TAL), was Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

's provisional constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 following the 2003 Iraq War. It was signed on March 8, 2004 by the Iraqi Governing Council
Iraqi Governing Council
The Iraqi Governing Council was the provisional government of Iraq from July 13, 2003 to June 1, 2004. It was established by and served under the United States-led Coalition Provisional Authority...

. It came into effect on June 28, 2004 following the official transfer of power from the Coalition Provisional Authority
Coalition Provisional Authority
The Coalition Provisional Authority was established as a transitional government following the invasion of Iraq by the United States and its allies, members of the Multi-National Force – Iraq which was formed to oust the government of Saddam Hussein in 2003...

 (led by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

), to a sovereign Iraqi government. The law remained in effect until the formation of the current government in May 2006, when it was superseded by the permanent constitution
Constitution of Iraq
The Constitution of Iraq is Iraq's fundamental law.-History: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...

 that had been approved by referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

 on October 15, 2005.

The TAL was principally drafted by a ten-man committee including Feisal al-Istrabadi
Feisal al-Istrabadi
Feisal Amin al-Istrabadi is an Iraqi politician and diplomat who represents Iraq at the United Nations as Deputy Permanent Representative. In 2004 he was one of the main drafters of Iraq's Transitional Administrative Law .-Background and early life:...

, Adnan Pachachi
Adnan Pachachi
Adnan al-Pachachi or Adnan Muzahim Amin al-Pachachi is a veteran Iraqi politician and diplomat. Pachachi was Iraq's Permanent Representative to the United Nations from 1959 to 1965 and Minister of Foreign Affairs of Iraq from 1965 to 1967; he again served as Permanent Representative to the UN...

, Mohsen Abdel Hamid
Mohsen Abdel Hamid
Mohsen Abdel Hamid is an Iraqi politician and Islamic scholar who was a member of the Interim Iraq Governing Council , created following the United States's 2003 invasion of Iraq.-Biography:...

, and Salem Chalabi
Salem Chalabi
Salem Chalabi is an Iraq born, American educated, lawyer. He was appointed as the first General Director of the Iraqi Special Tribunal set up in 2003 to try Saddam Hussein and other members of his regime for crimes against humanity. His appointment, by an order signed by L...

, with advice from US and United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 personnel.

Preamble and articles

The preamble begins:
The people of Iraq, striving to reclaim their freedom, which was usurped by the previous tyrannical regime, rejecting violence and coercion in all their forms, and particularly when used as instruments of governance, have determined that they shall hereafter remain a free people governed under the rule of law.


And contains further, "...affirming today their respect for international law, ... working to reclaim their legitimate place among nations,... have endeavored at the same time to preserve the unity of their homeland."

Article 2 provides for an Annex to this document, which was issued by the Interim Governing Council on 1 June 2004, before the beginning of the transitional period. The Annex forms an integral part of this Law, and for the most part clarifies aspects of the transitional and interim administration.

Rights

Supporters lauded the constitution's guarantees of "fundamental rights":
  • equality before the law (Article 12), guaranteeing the equality of all without regard to "gender, sect, opinion, belief, nationality, religion, or origin";
  • freedom of religion
    Freedom of religion
    Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...

    , though Islam
    Islam
    Islam . The most common are and .   : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...

     is stated as the state's official religion
    State religion
    A state religion is a religious body or creed officially endorsed by the state...

     and is to be considered a source of legislation;
  • freedom of speech
    Freedom of speech
    Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

    ;
  • freedom of the press
    Freedom of the press
    Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...

    ;
  • right to privacy;
  • right to a "fair, speedy, and open trial
    Trial (law)
    In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...

    " for all accused of crimes;
  • no unlawful arrest or detention;
  • torture
    Torture
    Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...

     and cruel and unusual punishment
    Cruel and unusual punishment
    Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...

     are banned "under all circumstances";
  • right to private property
    Private property
    Private property is the right of persons and firms to obtain, own, control, employ, dispose of, and bequeath land, capital, and other forms of property. Private property is distinguishable from public property, which refers to assets owned by a state, community or government rather than by...

     is protected.


A lengthy provision emphasizes that police, investigators, or other governmental authorities may not violate the "sanctity of private residences."

Iraqis are also guaranteed the right to "education, health care, and social security." The right to possess, bear, buy, or sell arms is subject to "licensure issued in accordance with the law."

The right to citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...

 is detailed and prominent within the chapter on fundamental rights. Eight provisions govern who is and isn't a citizen. Any Iraqi whose citizenship was withdrawn for political, religious, racial, or sectarian reasons has the right to reclaim his Iraqi citizenship, and each Iraqi is guaranteed the right to carry more than one citizenship. Revolutionary Command Council Decree 666, which in 1980 banned citizenship in Iraq for Iraqis of Persian origin, is explicitly annulled.

Part of the Law of Administration's explicit rejection of Iraq's former racist policy (also explicitly referenced) is embodied in the wording "The federal system shall be based upon geographic and historical realities and the separation of powers, and not upon origin, race, ethnicity, nationality, or confession."

The Law stipulates that both Arabic
Arabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...

 and Kurdish
Kurdish language
Kurdish is a dialect continuum spoken by the Kurds in western Asia. It is part of the Iranian branch of the Indo-Iranian group of Indo-European languages....

 be the official languages of Iraq.

Political structure

The constitution provides for a transitional National Assembly
National Assembly of Iraq
The Council of Representatives of Iraq is the main elected body of representatives in Iraq. It is currently composed of 325 seats and meets in Baghdad inside the International Zone . It is governed by bylaws that can be found -The monarchy:...

, elected on January 30, 2005.

The government under the Transitional Law is a democratic republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...

, with three separate branches of government.

The elected National Assembly is a unicameral legislature with 275 elected members. Members selected a President of the Assembly, who serves as a non-voting speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...

, and two deputies. The Assembly is the chief lawmaking organ, and is required to propose and pass bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....

s in order to make law for the country.

The Assembly also elected a President of State (the President of Iraq
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 Constitution." The President is elected by the Council of...

) who along with two deputies formed a Presidency Council to "represent the sovereignty of Iraq and oversee the higher affairs of the country." The council represents the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...

 branch of government and has the right to veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...

 laws passed by the Assembly. The Assembly can then over-rule the Council with a two-thirds majority vote.

The Presidency Council appoints the Prime Minister of Iraq
Prime Minister of Iraq
The Prime Minister of Iraq is Iraq's head of government. Prime Minister was originally an appointed office, subsidiary to the head of state, and the nominal leader of the Iraqi parliament. Under the newly adopted constitution the Prime Minister is to be the country's active executive authority...

 and cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...

 (Council of Ministers of Iraq
Council of Ministers of Iraq
The Cabinet of Iraq is the executive branch of the government of Iraq.The National Assembly of Iraq elects a President of State who along with two deputies form the Presidency Council. The Presidency Council appoints the Prime Minister who appoints the Council of Ministers, all of whom must be...

), all who must be approved by the Assembly. The Prime Minister and his cabinet exercise most of the day-to-day runnings of government, including control over the armed forces. The Assembly has a right to remove the Prime Minister with a vote of no confidence.

Transitional period

The Transitional Administrative Law spelled out the steps to be taken after the transfer of sovereignty to the writing and enactment of a permanent constitution.

Article 2 stated that elections for the National Assembly should take place no later than January 31, 2005.

Article 61 stated that the Assembly should write a permanent constitution by no later than 15 August 2005. The draft permanent constitution would be presented in a referendum to the Iraqi people by 15 October 2005.

According to the TAL, the permanent constitution would be adopted if a majority of Iraqi voters approve it, and no more than 2/3 of the voters in any three provinces disapprove it. This provision was criticized by Ayatollah Al-Sistani
Grand Ayatollah Ali al-Sistani
Grand Ayatollah Sayyid Ali al-Husayni al-Sistani is the highest-ranking Twelver Shia marja in Iraq and the leader of the Hawza of Najaf.-Early life:Sistani was born in Mashhad, Iran, to a family of religious scholars who traced their roots to Isfahan...

 on the grounds that it could lead to civil war if voters in the three majority Sunni Muslim provinces reject it.

Article 61 also provided for an extension to the constitution drafting process for up to six months. If the constitution were to be rejected or if the National Assembly failed to come to agreement, the National Assembly was to be dissolved and new elections were to be held.

Judiciary

Local court justices are appointed by local governments and their "juridical councils", the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...

 being appointed by the Federal Government. The Supreme Court has nine members and possesses the ability to overturn legislation it finds unconstitutional.

The constitution also establishes several "National Commissions" to investigate and address recent concerns such as human rights and war crimes.

Kurdistan and local government

The transitional constitution recognizes the current government of Kurdistan as the legitimate government of the Kurds, and allows it to continue to exist within the new federal state.

Iraq elected governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...

s and "Governorate Councils" for each of its 18 provinces, as well as elected mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....

s and city councils for each city. Elections were held at the same time as National Assembly elections.

Role of Shariah

Shariah is addressed in two ways:
  1. "Islam is the official religion of the State and is to be considered a source of legislation." But decisions according to Shariah may not abrogate articles or guarantees:
  2. "Any legal provision that conflicts with this Law is null and void." Thus the Law of Administration circumscribes Shariah.
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