A constitution can be defined as a laid down rules for the government which are time and again codified as a form of written manuscript that spells out and confines the functions and ability to exercise force of a political party (power). In the case of countries and sovereign regions of federal states the phrase refers exclusively to a constitution defining the core principles of politics, and instituting the configuration, procedures, powers and duties, of a government.
Most constitutions guarantee rights to the people by limiting the government’s own reach. We will be comparing and contrasting the American constitution against the Iraqi constitution. Both constitutions are codified. Under the patronage of a British military occupation in 1925, Iraqis first constitution entered into force which then formed a monarchy which remained in effect until in 1958, the revolution established a republic. Interim constitutions have been adopted over the years but a referendum that took place in 2005 approved the constitution currently being used by Iraqis.
On the other hand the American constitution is considered foundation and basis of the legal right to exercise power over another (authority) essential to the existence of the United States of America and the federal government of the United States. It grants the framework for the institute of the United States government and for the rapport of the federal government to the states, to citizens, and to all people within the United States.
Both constitutions empathize on democracy. The constitutions seek to protect the dignity and liberty of man. The constitutions forbid any kind of emotional, psychological, or physical torture. Both constitutions are mindful of the welfare and security of its people despite the freedom of communication the constitutions provide that the freedom can be breached by a judicial decision whenever it is a matter of national security. These affect the individual rights of the citizen. There is also freedom of worship in the constitutions although the Iraq constitution further states that Islam is the official language.
According to the Iraqi constitution section three chapter articles 49 the council of representatives shall be elected and shall consist of a number of members at a ratio of one member per 100,000 Iraqi persons. These representatives shall be elected by a direct secret general ballot. The members are elected for a term of 4 years. The president is elected by the council of representatives by a two-thirds majority and is limited to 2 terms in office with a span of 4years in 1 term. The president of Iraq has two deputies with whom they form a presidency council. The presidency council appoints the prime minister of Iraq and cabinet ministers who must be approved by assembly. There should be two thirds majority for a president to be elected. The American constitution states that the president has all the executive power vested on him the president is the chief diplomat and the commander in chief of the armed forces. For a maximum of two four-year terms the president and vice-president are elected as running mates by the Electoral College for which each single state is allocated a number of seats based on its representation on the senate and House of Representatives whose members of both the houses are elected by the Americans. The vice-president is second highest executive officer of the government. The vice-president is only allowed to vote in the senate to break a vote which is tied. The chief executive officer of the United States is the Secretary of State. The Secretary of state is appointed by the president and is the third highest ranking member of the government and they answer directly to the president. In the USA constitution the Supreme Court is the highest court of the land. The court is responsible for matters dealing with state disputes, and interpreting the constitution of the USA and overrules some legislations therefore creating precedents for future reference. The supreme and lower court justices are elected by the people while the rest are appointed since they are in the federal government. The Iraqi constitution provides that local court judges are appointed by the local authority, while the federal government appoints the supreme judges. Islam is also considered a source of legislation and the laws of administration circumscribe Shariah laws
U.S. citizens have almost universal suffrage from the age of 18. The state governments have the utmost impact over most Americans’ day to day lives. The Tenth Amendment to the United States Constitution warranties their broad-spectrum plenary powers, against the limited spell out powers possessed by the federal government; as a result, they handle the bulk of the issues most pertinent for most individuals within their jurisdiction. The governor is the highest elected official at each state is the governor. There is also an elected state legislature in each state except Nebraska (bicameralism), whose members represent the state voters. The town, city, or county boards are the institutions responsible for local governments. The legislature in each state should stipulate the time manner and places of holding elections for senators and representatives. Iraq has a unicameral legislature
The president of the United Sates receives compensation, which may not be increased or decreased during their time in office; for being the president. Qualification for presidency in the United States include; a natural born citizen U. S. A, at least 35 years of age and have resided in the states for 14 years. The representatives must be of an age of 25 or above, and citizens of the land for a minimum of 7 years and an inhabitant of the state they are elected. The senators must be 30years and have been citizens of that states for 9 years and must be inhabitants of the state at the time.
The amendments as provided by the constitution of the United States may be approved in the following ways: by special convention from congress, ratified by two-thirds of both houses and sent for approval to the states, or by Two-thirds of the state legislatures applying to Congress for a constitutional caucus to consider amendments, which are then sent for approval to the states. Any amendments to the Iraqi constitution would have to be approved by a similar referendum to the one that had approved it originally.
Vacancies are to be filled by writs of election issued by the executive authority whenever vacancies happen from the representation of any state (Section 2, Clause 4,).
Madison provides it is of great importance not only to guard one part of the society against injustice but also to guard the other side of society against oppression from its rulers (1788). Thanksgiving has become a huge traditional American holiday, then there`s independence day which celebrates the declaration of independence which are all national holidays and enacted in the constitution.
Both the Iraq and the United States constitutions seek to serve their people who have different demographics. Each of the constitutions has the interests of the people at heart focusing on the different lifestyles and cultures of two different people. After analyzing both the constitutions and the research material which I have been through which some of the information is not included I find that both constitutions are very effective.