Introduction
The Constitution of the Republic of Iraq is the supreme law of the country and the foundation of its political system since 2005. It was the first permanent constitution written after the fall of the former regime in 2003, and the first in Iraq’s history approved by a direct popular referendum. It replaced the Transitional Administrative Law of 2004 and set Iraq on the path of a federal, parliamentary, democratic state.
Drafting and Adoption
The constitution was drafted in 2005 by a committee of the Transitional National Assembly, which had been elected in January of that year. The drafting took place under tight deadlines and in a tense security and political climate, with Sunni Arab participation limited after many had boycotted the January elections.
The draft was put to a national referendum on 15 October 2005 and approved by a large majority of voters. It was rejected in two governorates by a two-thirds majority, one short of the three needed to defeat it. The constitution entered into force after the formation of the first permanent government in 2006.
To win broader support, the drafters agreed to include Article 142, which required parliament to form a committee to propose amendments soon after it took office. This promise became one of the constitution’s long unfinished tasks.
Structure
The constitution consists of a preamble and 144 articles divided into six sections:
1. Fundamental principles
2. Rights and freedoms
3. Federal powers
4. Powers of the federal government
5. Powers of the regions
6. Final and transitional provisions
Fundamental Principles
Nature of the state. Article 1 defines Iraq as a single, independent federal state with full sovereignty. Its system of government is republican, representative (parliamentary), and democratic, and the constitution guarantees the unity of Iraq.
Religion and law. Article 2 makes Islam the official religion of the state and a fundamental source of legislation. It provides that no law may contradict the established provisions of Islam, the principles of democracy, or the rights and freedoms in the constitution. It also guarantees the Islamic identity of the majority and the religious rights of Christians, Yazidis, Sabean-Mandaeans, and others.
Identity and languages. The constitution describes Iraq as a country of many nationalities, religions, and sects. Arabic and Kurdish are both official languages, and Turkmen and Syriac are official in the areas where their speakers are concentrated.
Rejection of the past. The constitution bans the Baath Party and any entity that promotes racism, terrorism, or sectarian cleansing.
Rights and Freedoms
The second section contains a broad list of rights, including:
- Equality before the law without discrimination by gender, ethnicity, religion, sect, or social status.
- The right to life, security, and liberty.
- Equal opportunity for all citizens.
- Freedom of expression, press, assembly, and peaceful demonstration.
- Freedom of thought, conscience, and religious belief and practice.
- The right to education, health care, work, and social security.
- The right to vote, run for office, and take part in public affairs.
- Protection against torture and arbitrary detention.
It also states that Iraqi oil and gas belong to all the people of Iraq in all regions and governorates.
The Federal Authorities
The constitution separates power into three branches.
The legislative authority consists of the Council of Representatives and a Federation Council. The Council of Representatives is elected directly, with at least one quarter of its seats reserved for women. It passes laws, oversees the executive, approves the budget, and elects the President. The Federation Council, meant to represent the regions and governorates, has never been created because its law has not been passed.
The executive authority has two parts. The President of the Republic is the head of state and symbol of national unity, elected by parliament by a two-thirds majority. The Council of Ministers, led by the Prime Minister, holds real executive power. The President asks the nominee of the largest parliamentary bloc to form the government, which must win a vote of confidence.
The judicial authority is independent. It includes the Supreme Judicial Council, the Federal Supreme Court, the Federal Court of Cassation, the Public Prosecution, and other courts. The Federal Supreme Court decides on the constitutionality of laws, interprets the constitution, settles disputes between the federal government and the regions, and certifies election results. Its decisions are final and binding.
Independent Bodies
The constitution creates independent commissions that answer to parliament, including the High Commission for Human Rights, the Independent High Electoral Commission, and the Integrity Commission. It also recognizes the Central Bank of Iraq, the Board of Supreme Audit, and the Communications and Media Commission as independent institutions. Article 101 allows a State Council to be established for administrative justice and legal advice.
Federalism
Federalism is one of the constitution’s defining features. The federal system is made up of the capital, regions, decentralized governorates, and local administrations.
- The Kurdistan Region and its institutions are recognized as a federal region.
- Other governorates may form new regions by referendum, though none has done so.
- Exclusive federal powers include foreign policy, defence, national security, monetary policy, customs, and citizenship.
- Shared powers include customs management, electricity, the environment, health, and education.
- Any power not listed as exclusive belongs to the regions and governorates, and in a conflict over shared powers, regional law takes priority.
Oil and gas management is assigned to the federal government together with the producing regions and governorates, but the federal oil and gas law needed to put this into practice has not been passed. This gap remains a source of dispute between Baghdad and Erbil.
Article 140 and Disputed Territories
Article 140 sets out a process for resolving the status of Kirkuk and other disputed territories through normalization, a census, and a referendum. Its original deadline of the end of 2007 passed without implementation, and the article is still one of the most sensitive issues in Iraqi politics.
Amending the Constitution
The constitution can be amended through two routes:
- Article 142 created a special one-time review committee. Amendments it proposes must pass parliament and a referendum, and fail if two-thirds of voters in three or more governorates reject them.
- Article 126 sets the regular amendment procedure: a proposal from the President and Council of Ministers together, or from one fifth of members of parliament, followed by a two-thirds parliamentary vote and a referendum. Rights and freedoms in the first two sections cannot be amended for two successive parliamentary terms after adoption, and region powers cannot be reduced without the consent of the region concerned.
Despite several committees formed over the years, including one after the 2019 protests, the constitution has never been formally amended.
Criticism and Current Debates
The constitution reached its twentieth anniversary in October 2025, which coincided with the centenary of Iraq’s first constitution of 1925. It remains a source of both legitimacy and frustration. Key criticisms include:
- Rushed drafting and vague wording that leave many issues open to political dispute.
- Unfinished institutions and laws, such as the Federation Council and the oil and gas law.
- Consensual power-sharing in practice, which many argue works outside the text and weakens accountability.
- The “largest bloc” question. The Federal Supreme Court’s interpretation of which bloc nominates the Prime Minister has shaped government formation since 2010. In March 2026, the head of the Supreme Judicial Council proposed amending the constitution to define the largest bloc explicitly, possibly as the list that wins the most seats in the election.
- Federal–regional tensions, especially over oil revenues, the budget, and disputed territories.
Conclusion
The 2005 Constitution laid the foundations of a new Iraqi state built on federalism, parliamentary democracy, and a broad charter of rights. It has guided regular elections and peaceful transfers of power for two decades. Yet many of its provisions remain unimplemented, and its ambiguities continue to fuel political conflict. The debate over reforming it, whether through Article 142 or Article 126, is likely to remain central to Iraq’s political future.