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Themes of
The Transitional Administrative Law
General
On July 1, the occupation will end, the Coalition Provisional Authority will
dissolve and a new, fully sovereign Iraqi government will take office.
During a transition period, this temporary government will work to ensure
that the devastation and criminal tyranny which Iraqis suffered for the last
30 years can never be repeated. It will also begin the process of creating a
new Iraqi state in which all Iraqis can work together, in partnership with
the government, to improve their lives. It will do so in a clearly defined
and limited manner as specified in the Transitional Administrative Law (TAL),
currently being prepared by the Governing Council. By the end of 2005, a new
constitution, establishing a democratic system and guaranteeing basic
rights, will be written and approved by the Iraqi people, and a new
government elected. At that time the TAL will cease to function. The TAL
will contain a number of key elements similar to those enjoyed by all free
and democratic states.
Bill of Rights
The TAL will guarantee the basic rights of all Iraqis, including freedom of
religion and worship, the right to free expression, to assemble peacefully,
to vote, to a fair trial, and to be treated equally under the law. The
Government cannot pass laws or act to take these rights away.
Separation of Powers/Independence of the Judiciary
The TAL will ensure justice for all Iraqis in a state based upon the rule of
law by establishing a free and impartial judiciary. The judiciary will be
independent from the executive and legislative powers as well as from other
outside influences. Only in this way can the judiciary protect the rights of
the citizens. The executive and legislative powers will also be separated to
ensure that if one branch of government is abusing its power, it can be
brought to account by the other branches.
Executive Powers (Presidency/Prime Minister)
The TAL will minimize the risks of executive power being abused by sharing
responsibility between a Presidency and a Prime Minister. The Prime Minister
will be responsible for the day-to-day running of the government through the
ministries. The Presidency will act as the head of state and oversee the
work of the Prime Minister. All executive acts must be conducted in
accordance with law, and will be constrained by the power of the assembly to
make the law and ratify appointments, and the power of the judiciary to
apply the law.
Federalism
The TAL will promote federalism, a system of government which gives local
areas substantial control over their own affairs, strengthens the unity of
the entire country, and prevents any region or group from dominating the
others. Federalism will provide benefits for all the people and all the
regions of Iraq. It will not be based on ethnic or sectarian lines. Citizens
elect local leaders and make local laws while participating in the economic
and security benefits of a larger, more diverse country. Certain powers
important to the people as a whole, such as foreign and security affairs,
and monetary policy will be reserved to the national government. All regions
will have a role in shaping the policies of the national government.
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