Legislative Bicameralism in the 2005 Iraqi Constitution

Abstract

In the 2005 Constitution, the Iraqi legislator adopted a dual legislative system, whereby the legislative authority in Iraq consists of the Iraqi Council of Representatives and the Federation Council. The Council of Representatives is elected by direct, general, and secret ballot, while the Federation Council is a legislative body composed of representatives from the regions and governorates not incorporated into a region. The formation, membership requirements, jurisdiction, and all matters related to the Federation Council are to be regulated by a law passed by a two-thirds majority of the members of the Council of Representatives.

This constitutes a serious precedent by the Iraqi legislator in assigning a specific legislative body the authority to establish another legislative body. This could potentially lead to instability in the legislative mission entrusted to both councils, especially considering the possibility that decisions taken by the Council of Representatives might hinder the progress of the Federation Council if the two bodies are not in agreement. We have addressed this concern in our recommendations, emphasizing the necessity for the Iraqi legislator to rectify this issue through several measures, such as including a constitutional provision that outlines the mechanism for forming the Federation Council, granting it powers equivalent to those of the Council of Representatives—particularly with respect to the budget—and assigning it an executive role, including the appointment of certain positions, the ratification of treaties, and other related functions.

Furthermore, it is important to consider adopting elements of the American legislative model. The comparison with the U.S. system is especially relevant given that the drafting of the 2005 Iraqi Constitution aimed to emulate federal systems like that of the United States. Finally, it is worth noting that the Iraqi Council of Representatives has not yet established the Federation Council, but has only drafted a proposed law titled the "Draft Law of the Federation Council."