Law in Iraq

The Republic of Iraq's legal system is in a period of transition in light of the 2003 invasion that led to the fall of the Baath Party. Iraq does have a written constitution, as well as a civil, criminal and personal status law. In September 2008, the Iraqi Legal Database, a comprehensive database that makes all Iraqi positive law freely available (only in Arabic) to users online, was launched.

The current Constitution of Iraq was approved in a national referendum in October 2005 and stipulates the format of the new republican government, and the rights, and responsibilities of the Iraqi people.

The Constitution promises several civil liberties including freedom of speech, freedom of religion, freedom of peaceful assembly, freedom of expression, a free press, and a right to have a private life. All such personal liberties contain two main exemption clauses: the Iraqi Council of Representatives has the power to define what these freedoms mean, and, that no freedom may conflict with Islamic morality.

Islam is the official state religion, and no law may be enacted or enforced that violates the "undisputed" teachings of Islam. An official English translation of the Iraqi Constitution is available online at the Iraqi government's homepage.

In 2003, Paul Bremer led the Coalition Provisional Authority (CPA) and issued a series of binding "regulations" "memorandums" and "orders". On 10 June 2003, Bremer issued "Order Number 7" that stipulated that the binding Iraqi Criminal or Penal Code would be the 1984 vintage third edition of the law first enacted in 1969. Paul Bremer made some amendments to both the Penal Code and the Criminal Procedure Code of 1971.

An English translation copy of both codes prior to their CPA and subsequent amendment can be viewed online at the Case Western University website.

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Wikipedia