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114-486: Although it carries an Islamic title, the group combines Sunni Islamism with Iraqi nationalism , and has been labelled as "resistance" by Iraq's Sunni Vice president Tariq al-Hashimi (who was sentenced to death in 2012) despite al-Hashimi's close relations with the U.S. government. Following the withdrawal of American forces from Iraq in late 2011, the IAI largely demobilized and turned towards political activism, setting up

228-569: A federal state trying to legislate in an area that the constitution allocates exclusively to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation that is found to be beyond power will be "invalid" and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization. In this context, "within power", intra vires , "authorized" and "valid" have

342-402: A students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities, these activities are considered to be ultra vires of the union's charter, and nobody would be compelled by the charter to follow them. An example from the constitutional law of sovereign states would be a provincial parliament in

456-463: A better educational system and easier access to jobs. Many tensions came also from the fact that Prime Minister Nuri al-Maliki did not respect his promises in establishing security in the country. Protests ended in violence since the government did not provide the population with what they were fighting for. In 2012, another uprising erupted. The main actor of this uprising is the Sunni community since

570-467: A city entrance checkpoint in Ramadi . The attack killed 2 U.S. Marines, 11 Iraqi police commandos and wounded 3 Iraqi civilians. On 22 April 2005, the IAI released a video of their members executing Lyubomir Kostov, a Bulgarian civilian contractor, who survived after the downing of his helicopter. He was helped to his feet and then shot with 27 rounds of ammunition. The group also claims to have shot down

684-685: A civic nationalism in Iraq that recognized Iraq's Arabs and Kurds as equal partners in the state of Iraq, Kurdish language was not only formally legally permitted in Iraq under the Qassim government , but the Kurdish version of the Arabic alphabet was adopted for use by the Iraqi state and the Kurdish language became the medium of instruction in all educational institutions , both in the Kurdish territories and in

798-545: A commercial airliner in Iraq, although officials maintain the accident was caused by fog . The crash killed 34 people. In 2006, videos were released of their snipers killing Coalition forces . The alleged name of the IAI sniper is " Juba ". These sniper videos were distributed for free to Iraqi citizens on CDs as part of a propaganda , recruiting campaign and as a means of waging psychological warfare on Coalition forces. Islamic Army videos of attacks on U.S.-led Coalition forces were aired on Al-Zawraa TV channel, which

912-406: A common Mesopotamian heritage. It was promoted by Abd al-Karim Qasim , who was of mixed Arab-Kurdish, Sunni-Shia parentage. A second variant is a dual nationalism and combines Iraqi nationalism and Arab nationalism , a much broader form of ethnic nationalism that supports Iraqi nationalism and links it to matters that impact Arabs as a whole. Saddam Hussein believed that the recognition of

1026-665: A common nationalism. Faisal I described Iraq as being governed by a literate Sunni elite over illiterate and ignorant Shi'ite and Kurdish sects who opposed the central government . 'Azzawi wrote Iraq between Two Occupations - referring to the Turkish and British rule, that received acclaim by the Iraqi government that assisted him in publishing his work. The works of both al-Hasani and 'Azzawi were highly popular from 1935 to 1965, with many of their works being published in second and third editions and both authors' works influenced Iraqi nationalism. Abd al-Karim Qasim promoted

1140-405: A constitution in general terms was "the arrangement of the offices in a state". In his works Constitution of Athens , Politics , and Nicomachean Ethics , he explores different constitutions of his day, including those of Athens, Sparta , and Carthage . He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution

1254-470: A decree issued by the Pope , now referred to as an apostolic constitution . William Blackstone used the term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a revolutionary response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of judicial review : "for that were to set

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1368-514: A necessary supplement to Arab nationalism such as the Iraqi political newspaper Al-Hatif advocating Iraqi nationalism on issues of domestic Iraqi culture, and advocating Arab nationalism on issues of broader Arab culture. During the Hashemite monarchy period in Iraq , it was commonplace for writers to write of an Iraqi identity separate from an Arab framework, Iraq's print media and education at

1482-553: A period of 20 years would be the optimal time for any constitution to be still in force, since "the earth belongs to the living, and not to the dead". Indeed, according to recent studies, the average life of any new written constitution is around 19 years. However, a great number of constitutions do not last more than 10 years, and around 10% do not last more than one year, as was the case of the French Constitution of 1791 . By contrast, some constitutions, notably that of

1596-603: A period of more than four hundred years, an important aspect of the constitutional structure of the Holy Roman Empire . In China , the Hongwu Emperor created and refined a document he called Ancestral Injunctions (first published in 1375, revised twice more before he died in 1398). These rules served as a constitution for the Ming dynasty for the next 250 years. The oldest written document still governing

1710-863: A single code until the Codex Theodosianus (438 AD); later, in the Eastern Empire, the Codex repetitæ prælectionis (534) was highly influential throughout Europe. This was followed in the east by the Ecloga of Leo III the Isaurian (740) and the Basilica of Basil I (878). The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in India . For constitutional principles almost lost to antiquity, see

1824-455: A sovereign nation today is that of San Marino . The Leges Statutae Republicae Sancti Marini was written in Latin and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and the powers assigned to them. The remaining books cover criminal and civil law and judicial procedures and remedies. Written in 1600, the document was based upon

1938-538: A state council consisting of 21 members while executive authority was vested in the office of " Lord Protector of the Commonwealth ." This position was designated as a non-hereditary life appointment. The Instrument also required the calling of triennial Parliaments , with each sitting for at least five months. The Instrument of Government was replaced in May 1657 by England's second, and last, codified constitution,

2052-554: A statement promising "Kurdish national rights within Iraqi unity" and open attempts by Iraq to coopt Iranian Kurds to support unifying with Iraq resulted in Iran responding by declaring Iran's support for the unification of all Kurds who were residing in Iraq and Syria , into Iran. Qassim's initial policies towards Kurds were very popular amongst Kurds across the Middle East whom in support of his policies called Qassim "the leader of

2166-659: A very short distance from the border. It has been suspected that Saddam Hussein intended to invade and annex a portion of Saudi Arabia's Eastern Province on the justification that the Saudi region of Al-Hasa had been part of the Ottoman province of Basra that the British had helped Saudi Arabia conquer in 1913. It is believed that Saddam intended to annex Kuwait and the Al-Hasa oil region, so that Iraq would be in control of

2280-473: Is ab initio , that is, from inception, not from the date of the finding. It was never "law", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but that the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance

2394-505: Is an artificial construction created as a result of the US occupation. The uprising of 2018 was more violent than the two first. The protests were organized on social media even though it did not become a proper organization. The demands of the protestors were socioeconomic and politico-economic. In 2019, youthful demonstrators were protesting against corruption, sectarianism, and the absence of basic rights. Beyond demands for social reforms

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2508-571: Is conceptualized as a politically-contested region following the de-Baathification process, which encompassed the transformation of the government. Ethnic groups held divergent conceptions regarding what it meant to be an Iraqi. Saddam Hussein, preceding 2003, established a dictatorship led by Sunnis after gaining power in 1979, which encompassed ethnic and sectarian tensions along with political inefficiency. Sectarian identification resulted in clashes between ethnic groups, contributing to their contrasting perceptions of foreigners. The intervention, both by

2622-489: Is considered foundational to the rule of law . Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice , issued by the Sumerian king Urukagina of Lagash c.  2300 BC . Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it

2736-646: Is considered part of the compilation of Constitutions) until 1716, when Philip V of Spain gave the Nueva Planta decrees , finishing with the historical laws of Catalonia . These Constitutions were usually made formally as a royal initiative, but required for its approval or repeal the favorable vote of the Catalan Courts , the medieval antecedent of the modern Parliaments. These laws, like other modern constitutions, had preeminence over other laws, and they could not be contradicted by mere decrees or edicts of

2850-438: Is constituted. Within states , a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights . Changes to constitutions frequently require consensus or supermajority . The Constitution of India

2964-424: Is disputed. By the 1930s advocacy of the concept of an Iraqi territorial identity arose amongst the Iraqi intellectual field and Iraqi identity grew in importance after World War II . Though Iraqi nationalism and Arab nationalism are technically separate from each other, both nationalisms influenced each other - adopting each other's metaphors and narratives. In some cases Iraqi nationalism has been advocated as

3078-457: Is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur (c. 2050 BC). Some of the better-known ancient law codes are the code of Lipit-Ishtar of Isin , the code of Hammurabi of Babylonia ,

3192-540: Is no conflict between Mesopotamian heritage and Arab nationalism. Saddam Hussein as President of Iraq expressed himself as an Iraqi in state art - associating himself as a modern-day Nebuchadnezzar II and wearing both Arabic and Kurdish headgear in such art. Saddam Hussein also paralleled himself and the Ba'athist government to Saladin , the famous Kurdish leader of Muslims and Arabs against Crusaders in Jerusalem , who

3306-814: Is now banned in Iraq. As of 2011, the group's content was distributed online by the Jihad Media Battalion (subtitled in English) and the Media Division of the Islamic Army in Iraq (subtitled in Arabic). These groups were considered distinct from al-Qaeda and the linked groups As-Sahab , Ansar ul-Mujahideen , and al-Fida Islamic Network and also distinct from the Global Islamic Media Front , Islamic Media Center , and

3420-539: Is the longest written constitution of any country in the world, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest written constitution with 3,814 words. The Constitution of San Marino might be the world's oldest active written constitution, since some of its core documents have been in operation since 1600, while the Constitution of the United States

3534-496: Is the oldest active codified constitution. The historical life expectancy of a constitution since 1789 is approximately 19 years. The term constitution comes through French from the Latin word constitutio , used for regulations and orders, such as the imperial enactments ( constitutiones principis : edicta, mandata, decreta, rescripta). Later, the term was widely used in canon law for an important determination, especially

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3648-532: Is the root of most of the corruption in the country. They wanted to overthrow the Muhasassa regime imposed by the US in 2003. This regime is based on the division of power between all the different religious communities. This regime is the source of corrupted networks embedded in all religious communities. The Shia clerics also claimed that Iraq needs to overcome this sectarian regime. The Iraqi Grand Ayatollah Ali Sistani stressed in his sermons that sectarianism

3762-572: The Byzantine emperors ' Novellae (most were taken from Justinian 's Novellae). The Nomocanon was a completely new compilation of civil and canonical regulations, taken from Byzantine sources but completed and reformed by St. Sava to function properly in Serbia. Besides decrees that organized the life of the church, there are various norms regarding civil life; most of these were taken from Prohiron. Legal transplants of Roman - Byzantine law became

3876-748: The Grandees of the New Model Army had presented the Heads of Proposals as their alternative to the more radical Agreement of the People presented by the Agitators and their civilian supporters at the Putney Debates . The Instrument of Government was adopted by Parliament on 15 December 1653, and Oliver Cromwell was installed as Lord Protector on the following day. The constitution set up

3990-454: The Gulf War , Iraq occupied and annexed Kuwait before being expelled by an international military coalition that supported the restoration of Kuwait's sovereignty. After annexing Kuwait, Iraqi forces amassed on the border with Saudi Arabia , with foreign intelligence services suspected that Saddam was preparing for an invasion of Saudi Arabia to capture or attack its oil fields that were

4104-539: The Hittite code , the Assyrian code , and Mosaic law . In 621 BC, a scribe named Draco codified the oral laws of the city-state of Athens ; this code prescribed the death penalty for many offenses (thus creating the modern term "draconian" for very strict rules). In 594 BC, Solon , the ruler of Athens, created the new Solonian Constitution . It eased the burden of the workers, and determined that membership of

4218-510: The House of Commons . The Nomocanon of Saint Sava ( Serbian : Законоправило/Zakonopravilo ) was the first Serbian constitution from 1219. St. Sava's Nomocanon was the compilation of civil law , based on Roman Law , and canon law , based on Ecumenical Councils . Its basic purpose was to organize the functioning of the young Serbian kingdom and the Serbian church . Saint Sava began

4332-579: The Humble Petition and Advice , proposed by Sir Christopher Packe . The Petition offered hereditary monarchy to Oliver Cromwell , asserted Parliament 's control over issuing new taxation , provided an independent council to advise the king and safeguarded "Triennial" meetings of Parliament. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. This finally met its demise in conjunction with

4446-663: The Instrument of Government included elements incorporated from an earlier document " Heads of Proposals ", which had been agreed to by the Army Council in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War . Charles had rejected the propositions, but before the start of the Second Civil War,

4560-813: The Iran-Iraq War , Saddam claimed that Iraq had the right to hold sovereignty to the east bank of the Shatt al-Arab river held by Iran . Iraq had officially agreed to a compromise to hold the border at the centre-line of the river in the 1975 Algiers Agreement in return for Iran to end its support for Kurdish rebels in Iraq. The overthrow of the Iranian monarchy and the rise of Imam Ruhollah Khomeini to power in 1979 deteriorated Iran-Iraq relations and following ethnic clashes within Khuzestan and border clashes between Iranian and Iraqi forces, Iraq regarded

4674-725: The Lord High Chancellor of Sweden Axel Oxenstierna after the death of king Gustavus Adolphus . This can be seen as the first written constitution adopted by a modern state. In 1639, the Colony of Connecticut adopted the Fundamental Orders , which was the first North American constitution. It is the basis for every new Connecticut constitution since, and is also the reason for Connecticut 's nickname, "the Constitution State ". On 4 January 1649,

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4788-459: The Myanmar 2008 Constitution was being secretly drafted for more than 17 years, whereas at the other extreme, during the drafting of Japan 's 1946 Constitution, the bureaucrats drafted everything in no more than a week. Japan has the oldest unamended constitution in the world. The record for the shortest overall process of drafting, adoption, and ratification of a national constitution belongs to

4902-688: The Persian Gulf region's vast oil production, that would make Iraq the dominant power in the Middle East . The Saudi Arabian government was alarmed by Iraq's mobilization of ten heavily armed and well-supplied Iraqi army divisions along the border of Iraqi-annexed Kuwait and Saudi Arabia, and warned the United States government that they believed that Iraq was preparing for an immediate invasion of Saudi Arabia's Eastern Province. The Saudi Arabian government stated that without assistance from outside forces, Iraq could invade and seize control of

5016-523: The Romania 's 1938 constitution, which installed a royal dictatorship in less than a month. Studies showed that typically extreme cases where the constitution-making process either takes too long or is extremely short were non-democracies. In principle, constitutional rights are not a specific characteristic of democratic countries. Autocratic states have constitutions, such as that of North Korea , which officially grants every citizen, among other things,

5130-621: The Rump Parliament declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation". The English Protectorate set up by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution adopted by a modern state; it was called the Instrument of Government . This formed

5244-1094: The Salic Law of the Franks , all written soon after 500. In 506, the Breviarum or "Lex Romana" of Alaric II , king of the Visigoths, adopted and consolidated the Codex Theodosianus together with assorted earlier Roman laws. Systems that appeared somewhat later include the Edictum Rothari of the Lombards (643), the Lex Visigothorum (654), the Lex Alamannorum (730), and the Lex Frisionum (c. 785). These continental codes were all composed in Latin, while Anglo-Saxon

5358-815: The Statuti Comunali (Town Statute) of 1300, itself influenced by the Codex Justinianus , and it remains in force today. In 1392 the Carta de Logu was legal code of the Giudicato of Arborea promulgated by the giudicessa Eleanor . It was in force in Sardinia until it was superseded by the code of Charles Felix in April 1827. The Carta was a work of great importance in Sardinian history. It

5472-429: The Sunni Popular Movement . The group’s turn away from armed opposition towards activism was criticised by other militant groups, including groups that the IAI had previously allied with such as the Mujahideen Army. In the beginning of 2014, however, the group returned to armed militancy and was active anti-government violence in Anbar and Northern Iraq during the first phases of the War in Iraq (2013-17) . The group

5586-401: The code of Manu . Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire in the Early Middle Ages codified their laws. One of the first of these Germanic law codes to be written was the Visigothic Code of Euric (471 AD). This was followed by the Lex Burgundionum , applying separate codes for Germans and for Romans; the Pactus Alamannorum ; and

5700-420: The cradle of civilization that spread civilization to other parts of the world. The Babylonian ruler Nebuchadnezzar II and Kurdish Muslim leader Saladin are two important historical figures of Iraq and iconic figures in Iraqi nationalism. The concept of contemporary Iraqi national identity may have originated with the rebellion and subsequent British siege of Najaf in 1918 during World War I , but this

5814-454: The disbanded Republican Guard , Fedayeen Saddam , and the Iraqi Intelligence Service formed and joined the Islamic Army in Iraq (IAI). When the IAI first formed, it used kidnapping as a means of pursuing its goals. The group also threatened to target the January 2005 elections, although it didn't carry out any such attack. Unlike most terrorist organizations today, the IAI does not have Salafist tendencies, its primary focus and goal being

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5928-417: The freedom of expression . However, the extent to which governments abide by their own constitutional provisions varies. In North Korea, for example, the Ten Principles for the Establishment of a Monolithic Ideological System are said to have eclipsed the constitution in importance as a frame of government in practice. Developing a legal and political tradition of strict adherence to constitutional provisions

6042-467: The glorious Revolution putting an end to imperialism and the reactionary and corrupt monarchist gang". Barzani also commended Qassim for allowing Kurdish refugee diaspora to return to Iraq and declared his loyalty to Iraq, saying "Your Excellency, leader of the people: I take this opportunity to tender my sincere appreciation and that of my fellow Kurdish refugees in the Socialist countries for allowing us to return to our beloved homeland, and to join in

6156-418: The legal basis of a polity , organization or other type of entity , and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution ; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution . The Constitution of

6270-449: The 1 September 2004, assassination attempt against Iraqi politician Ahmed Chalabi , leader of the Iraqi National Congress , in which two of his bodyguards were killed, two were wounded and two went missing (the IAI admitted capturing one of Chalabi's bodyguards and executing the other), and Chalabi escaped unharmed. On 24 March 2005, the IAI claimed responsibility for a vehicle-borne improvised explosive device (VBIED) that detonated at

6384-411: The Algiers Agreement as nullified and abrogated it and a few days later Iraqi forces launched a full-scale invasion of Iran that resulted in the Iran-Iraq War. In addition, Saddam supported the Iraq-based Ahwaz Liberation Movement and their goal of breaking their claimed territory of Ahwaz away from Iran, in the belief that the movement would rouse Khuzestan's Arabs to support the Iraqi invasion. In

6498-420: The Arabs and the Kurds". Kurdish leader Mustafa Barzani during his alliance with Qassim and upon Qassim granting him the right to return to Iraq from exile imposed by the former monarchy, declared support of the Kurdish people for being citizens of Iraq, saying in 1958 "On behalf of all my Kurdish brothers who have long struggled, once again I congratulate you [Qassim] and the Iraqi people, Kurds and Arabs, for

6612-452: The IAI announced the formation of the "al-Aqsa Support Division." This group was to support Palestine in the armed struggle against Israel . The current status of the al-Aqsa Support Division is unknown, leading people to believe that the statement was merely rhetoric . The group has shown support for the Free Syrian Army (FSA) and its fight against the Syrian government and allied Shiite paramilitary groups like Hezbollah . In June 2013,

6726-497: The IAI released a statement advising the FSA in methods in fighting. The group was responsible for the abduction of the following people who were released unharmed: The IAI is also believed responsible for the execution of the following foreigners: On 22 November 2003, the Islamic Army in Iraq organized and videotaped a shoulder-fired surface-to-air missile attack on a DHL Airbus A300 leaving from Baghdad International Airport . The Islamic Army in Iraq claimed responsibility for

6840-402: The IAI) called for Iraqis to participate in the referendum on the October 2005 constitution by voting against it. (This was in conspicuous contrast to al-Qaeda in Iraq , which said that simply participating in voting is a compromise of the fundamentals of Islam , even if one were to vote against it.) When rumours spread in Iraq of the alleged demolition of the al-Aqsa Mosque , in April 2005,

6954-435: The Islamic Army battled Al-Qaeda gunmen around Samarra at least twice in October and November 2007, a possible indication that the cease-fire brokered earlier this year had collapsed (however, coalition officials later issued a statement claiming that Iraqi policemen and coalition troops, not Islamic Army fighters, had carried out the latter operation). Furthermore, although the Islamic Army denied that it had joined forces with

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7068-417: The Islamic Army engaged in an armed conflict against Al-Qaeda in Iraq. In June, this ended in a ceasefire between the two rival groups. The IAI was quoted saying "The most important thing is that it's our common duty to fight the Americans;" nevertheless, the groups never adopted al-Qaeda's philosophy and refused to sign on to the al-Qaeda-led Islamic State of Iraq . According to Iraqi sources, fighters from

7182-434: The Shia Arabs approve of Iranian interference because of their shared sectarian identity, the Sunni Arabs recognize Iran as an adversary, advocating for a powerful role of the US. The Kurds, an ethnic community that acquired American protection against oppression, encourage US interference. Regardless of their diverse sub-national attitudes, Iraqi national identity influenced them to support intervention because assistance in

7296-574: The U.S. military, several news outlets reported that many Islamic Army commanders in and around Baghdad were now working together with the U.S.-led coalition to counter Al-Qaeda in Iraq. Iraqi nationalism Iraqi nationalism is a form of nationalism that asserts the belief that Iraqis form a nation and promotes the cultural unity of Iraqis of different ethnoreligious groups such as Mesopotamian Arabs, Kurds , Turkmens , Assyrians (including Chaldeans and Syriacs ), Yazidis , Mandeans , Shabaks and Yarsans . Iraqi nationalism involves

7410-439: The US and Iran, can be conceptualized differently from a nationalist perspective. On the one hand, nationalism promotes opposition against intervention because occupation connotes violating sovereignty, diminishing the state’s right to self-determination. The trespassing of another state’s legally-established boundaries confronts the notion of territorial sovereignty, therefore, nationalists fuel resistance against intervention. On

7524-438: The United Kingdom is a notable example of an uncodified constitution ; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations . A treaty that establishes an international organization is also its constitution, in that it would define how that organization

7638-456: The United States, have remained in force for several centuries, often without major revision for long periods of time. The most common reasons for these frequent changes are the political desire for an immediate outcome and the short time devoted to the constitutional drafting process. A study in 2009 showed that the average time taken to draft a constitution is around 16 months, however there were also some extreme cases registered. For example,

7752-411: The Wise the Grand Prince of Kiev , was granted to Great Novgorod around 1017, and in 1054 was incorporated into the Russkaya Pravda ; it became the law for all of Kievan Rus' . It survived only in later editions of the 15th century. In England, Henry I's proclamation of the Charter of Liberties in 1100 bound the king for the first time in his treatment of the clergy and the nobility. This idea

7866-549: The ancient Mesopotamian origins and heritage of Iraqi Arabs was complementary to supporting Arab nationalism. The Ba'athist regime officially included the historic Kurdish Muslim leader Saladin as a patriotic symbol in Iraq. Saddam called himself son of the Babylonian King Nebuchadnezzar and had stamped the bricks of ancient Babylon with his name and titles next to him. Iraqi nationalism has emphasized Iraq's cultural heritage which dates back to ancient Sumer , Akkad , Babylonia and Assyria , states that are considered

7980-420: The armed struggle against ISIL is inevitable. The collapse of the Baathist system and the regime change equipped the Shias and Kurds to construct a power-sharing structure. Mutual recognition between the groups was conceivable because neither of them embraced an essentialist sense of identity that would have prevented them from cooperation. Postmodernism, which is appreciated by the two communities, dismantles

8094-477: The basis of government for the short-lived republic from 1653 to 1657 by providing a legal rationale for the increasing power of Cromwell after Parliament consistently failed to govern effectively. Most of the concepts and ideas embedded into modern constitutional theory, especially bicameralism , separation of powers , the written constitution, and judicial review , can be traced back to the experiments of that period. Drafted by Major-General John Lambert in 1653,

8208-645: The basis of the Serbian medieval law. The essence of Zakonopravilo was based on Corpus Iuris Civilis . Stefan Dušan , emperor of Serbs and Greeks, enacted Dušan's Code ( Serbian : Душанов Законик/Dušanov Zakonik ) in Serbia , in two state congresses: in 1349 in Skopje and in 1354 in Serres . It regulated all social spheres, so it was the second Serbian constitution, after St. Sava's Nomocanon (Zakonopravilo). The Code

8322-475: The basis of universal consensus of all chiefs following discussions that were initiated by a single nation. The position of Sachem descends through families and are allocated by the senior female clan heads, though, prior to the filling of the position, candidacy is ultimately democratically decided by the community itself. In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government , drawn up under

8436-441: The consciousness of rationality so far as that consciousness is developed in a particular nation." Since 1789, along with the Constitution of the United States of America (U.S. Constitution), which is the oldest and shortest written constitution still in force, close to 800 constitutions have been adopted and subsequently amended around the world by independent states. In the late 18th century, Thomas Jefferson predicted that

8550-465: The country and constant fighting raged on, many people thought less of their Iraqi heritage. In recent years, analysts have observed a surge in Iraqi nationalism and patriotism as most Iraqis blamed sectarianism for the bloodshed and violence in the country. One of the biggest factors that led to the 2019–2021 Iraqi protests was the rise of Iraqi nationalism among the youth. The US invasion exerted influence on Iraq’s approach to intervention. Iraq

8664-657: The death of Cromwell and the Restoration of the monarchy. All of the British colonies in North America that were to become the 13 original United States, adopted their own constitutions in 1776 and 1777, during the American Revolution (and before the later Articles of Confederation and United States Constitution ), with the exceptions of Massachusetts, Connecticut and Rhode Island. The Commonwealth of Massachusetts adopted its Constitution in 1780,

8778-553: The document focuses more on social morality than on institutions of government, and remains a notable early attempt at a government constitution. The Constitution of Medina ( Arabic : صحیفة المدینه , Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad after his flight ( hijra ) to Yathrib where he became political leader. It constituted a formal agreement between Muhammad and all of

8892-445: The entire Eastern Province within six hours. After the 2003 invasion of Iraq , the country fell into a state of chaos. A weak central government along with the rise of sectarian civil war among the Iraqi people diminished the value of Iraqi nationalism. Many who call for a revival of Iraqi nationalism for the glory of the Iraqi people are stigmatized and stereotyped as Ba'athists . As living conditions deteriorated in many parts of

9006-406: The expulsion of foreign troops from Iraq. A November 2004 Washington Post interview with the group's leader, Ishmael Jubouri, stated that the IAI was predominantly composed of Iraqis ( Sunnis , Shias , Kurds , and Arabs ) trying to force foreign troops out of Iraq. The Terrorism Monitor put out by The Jamestown Foundation confirms some of what Jubouri was claiming. In a March 2005 article,

9120-456: The fixed notions of identity by perceiving personhood as fluid, fragmented, and in continuous change. The conceptualization of identity through this lens enabled them to engage in cooperation, although power struggles prevailed. The constitution depicts Iraqis as “ people of Mesopotamia”, which signifies their association with Islam and Islamic democracy, as encouraged by the Shiis. A break with

9234-834: The fold of one community – the Ummah . The precise dating of the Constitution of Medina remains debated, but generally, scholars agree it was written shortly after the Hijra (622). In Wales , the Cyfraith Hywel (Law of Hywel) was codified by Hywel Dda c. 942–950. It served as the main law code in Wales until it was superseded by the Laws in Wales Acts 1535 and 1542 . The Pravda Yaroslava , originally combined by Yaroslav

9348-562: The government was targeting Sunni politicians, as an example the Minister of Finance, a Sunni, was arrested. The scope of protesters was broad, the youth participants got support from tribal and religious leaders. Once again, the regime repressed the protests in violence. Some of the dissatisfied protesters decided to join ISIS and continue fighting against the regime. Overall, the protestants were fighting against sectarianism. This sectarian regime

9462-585: The honor of defending the great cause of our people, the cause of defending the republic and its homeland." Saddam Hussein and Iraqi Ba'athist ideologists sought to fuse a connection between ancient Babylonian and Assyrian civilization in Iraq to the Arab nationalism by claiming that the Babylonians and ancient Assyrians are the ancestors of the Arabs . Thus, Saddam Hussein and his supporters claim that there

9576-456: The judicial power above that of the legislature, which would be subversive of all government". Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon the primary condition that it abides by the constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain[s] institutionalized mechanisms of power control for

9690-589: The king. The Kouroukan Founga was a 13th-century charter of the Mali Empire in West Africa , reconstructed from oral tradition in 1988 by Siriman Kouyaté . It included the "right to life and to the preservation of physical integrity" and significant protections for women. The Golden Bull of 1356 was a decree issued by a Reichstag in Nuremberg headed by Emperor Charles IV that fixed, for

9804-402: The legal judgement of his peers, or by the law of the land. This provision became the cornerstone of English liberty after that point. The social contract in the original case was between the king and the nobility but was gradually extended to all of the people. It led to the system of Constitutional Monarchy , with further reforms shifting the balance of power from the monarchy and nobility to

9918-575: The media center of the Islamic Jihad Army . In the beginning of 2014, however, the group was active in the anti-government violence in Anbar and Northern Iraq and after the outbreak of the War in Iraq (2013-17) . Most of its fighters have renounced fighting against the Iraqi state, although some have joined ISIS . Islamic Army in Iraq has not claimed any attacks since late 2014. In early 2007,

10032-441: The monitor said the group was composed primarily of Sunnis with a small Shiite congregation and, in general, was "[an] inclusive Islamic organization with Iraqi nationalist tendencies." In a November 2006 Al Jazeera interview, spokesman Ibrahim al-Shamary expanded on who the IAI considers foreign troops, "There are two occupations in Iraq. Iran on one side through the militias which they control and through direct involvement with

10146-684: The national guard and the intelligence services, that causes the killing and destruction of the Sunnis. ... And then there is the American occupation which destroys the Iraqi people." The group has released several joint statements with other groups such as Islamic Resistance Movement and the Islamic Front for the Iraqi Resistance , which are known to be of an ikhwan background. In one of these joint statements, six groups (including

10260-604: The oldest still-functioning constitution of any U.S. state; while Connecticut and Rhode Island officially continued to operate under their old colonial charters, until they adopted their first state constitutions in 1818 and 1843, respectively. What is sometimes called the "enlightened constitution" model was developed by philosophers of the Age of Enlightenment such as Thomas Hobbes , Jean-Jacques Rousseau , and John Locke . The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent

10374-726: The other hand, nationalists, to defend their nation, embrace external support to reach their objectives. National identity surpasses other types of identification, therefore, nationalists often support intervention as an instrument to eliminate the threats posed, in Iraq’s case, by the ISIL. The country’s majority ethnic groups, the Shia Arabs, the Sunni Arabs, and the Kurds interpret intervention through their comprehension of nationalism. While

10488-550: The people (i.e., support democracy ). Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host was written in 1710 by Pylyp Orlyk , hetman of the Zaporozhian Host . It was written to establish a free Zaporozhian-Ukrainian Republic , with the support of Charles XII of Sweden . It is notable in that it established a democratic standard for the separation of powers in government between

10602-403: The protection of the interests and liberties of the citizenry , including those that may be in the minority ". Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power" (or, in Latin, intra vires ); if they do not, they are termed "beyond power" (or, in Latin, ultra vires ). For example,

10716-420: The protest has moved to a complete rejection of the ruling classes and the system imposed by the US in 2003. The protest was very violent and lethal. As a reaction more people from diverse backgrounds joined the demonstrations. With this last uprising the state lost all legitimacy. Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute

10830-638: The recognition of an Iraqi identity stemming from ancient Mesopotamia including its civilizations and empires of Sumer , Akkad , Babylon and Assyria and influenced Iraq 's movement for independence from Ottoman and from British occupation and was an important factor in the 1920 Revolution against the British and the 1958 Revolution against the British-installed Hashemite monarchy . There are two prominent variants. One variant views an Iraqi nation as one that involves Arab, Turkmen, Assyrian and Kurdish people, all of whom have

10944-696: The reign of Zara Yaqob . Even so, its first recorded use in the function of a constitution (supreme law of the land) is with Sarsa Dengel beginning in 1563. The Fetha Negest remained the supreme law in Ethiopia until 1931, when a modern-style Constitution was first granted by Emperor Haile Selassie I. In the Principality of Catalonia , the Catalan constitutions were promulgated by the Court from 1283 (or even two centuries before, if Usatges of Barcelona

11058-512: The rest of Iraq. Under Qassim, Iraqi cultural identity based on Arabo-Kurdish fraternity was stressed over ethnic identity, Qassim's government sought to merge Kurdish nationalism into Iraqi nationalism and Iraqi culture, stating: "Iraq is not only an Arab state but an Arabo-Kurdish state...[T]he recognition of Kurdish nationalism by Arabs proves clearly that we are associated in the country, that we are Irakians first, Arabs and Kurds later". The Qassim government's pro-Kurdish policies including

11172-546: The ruling class was to be based on wealth ( plutocracy ), rather than on birth ( aristocracy ). Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC. Aristotle (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism , and attempting to classify different forms of constitutional government. The most basic definition he used to describe

11286-400: The same meaning; as do "beyond power", ultra vires , "not authorized" and "invalid". In most but not all modern states the constitution has supremacy over ordinary statutory law (see Uncodified constitution below); in such states when an official act is unconstitutional, i.e. it is not a power granted to the government by the constitution, that act is null and void , and the nullification

11400-808: The secular dictatorship of Saddam Hussein is apparent by emphasizing the Islamic foundation of the national identity by anchoring it in Iraq’s heritage. In 2011 uprisings erupted all over the Middle East. The Iraqi population joined the Arab Spring in February 2011. Hundreds of people were protesting in Baghdad but also all over the city. People were protesting because the state was failing to provide them with basic needs and rights. The protestors demonstrated against corruption and nepotism. They fought for

11514-591: The significant tribes and families of Yathrib (later known as Medina ), including Muslims , Jews , and pagans . The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws ( Aus ) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within

11628-619: The supreme law used in parts of Germany as late as 1900. Around 1240, the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn al-'Assal , wrote the Fetha Negest in Arabic . 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law and partly from the former Byzantine codes. There are a few historical records claiming that this law code was translated into Ge'ez and entered Ethiopia around 1450 in

11742-572: The time emphasized Iraq's landscape, its tribes, and its unique poetry and literature. Beginning in the 1930s, Iraqi historians began to address the Iraq revolt of 1920 by Iraqis against the British as a formative moment in Iraqi history that Iraqi historians referred to as "the Great Iraqi Revolution". Prominent early Iraqi nationalist figures were the intellectuals 'Abd al-Razzaq al-Hasani and 'Abbas 'Azzawi . Al-Hasani

11856-657: The work on the Serbian Nomocanon in 1208 while he was at Mount Athos , using The Nomocanon in Fourteen Titles , Synopsis of Stefan the Efesian , Nomocanon of John Scholasticus , and Ecumenical Council documents, which he modified with the canonical commentaries of Aristinos and Joannes Zonaras , local church meetings, rules of the Holy Fathers , the law of Moses , the translation of Prohiron, and

11970-468: Was a mixed system including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not. The Romans initially codified their constitution in 450 BC as the Twelve Tables . They operated under a series of laws that were added from time to time, but Roman law was not reorganized into

12084-652: Was an organic, coherent, and systematic work of legislation encompassing the civil and penal law . The Gayanashagowa , the oral constitution of the Haudenosaunee nation also known as the Great Law of Peace, established a system of governance as far back as 1190 AD (though perhaps more recently at 1451) in which the Sachems , or tribal chiefs, of the Iroquois League's member nations made decisions on

12198-598: Was based on Roman - Byzantine law . The legal transplanting within articles 171 and 172 of Dušan's Code, which regulated juridical independence, is notable. They were taken from the Byzantine code Basilika (book VII, 1, 16–17). In 1222, Hungarian King Andrew II issued the Golden Bull of 1222 . Between 1220 and 1230, a Saxon administrator, Eike von Repgow , composed the Sachsenspiegel , which became

12312-617: Was extended and refined by the English barony when they forced King John to sign Magna Carta in 1215. The most important single article of Magna Carta, related to " habeas corpus ", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim – there must be due process of law first. This article, Article 39, of Magna Carta read: No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by

12426-485: Was from modern day Iraq. After gaining independence in 1932, the Iraqi government immediately declared that Kuwait was rightfully a territory of Iraq , claiming it had been part of an Iraqi territory until being created by the British . The Qassim government held an irredentist claim to Khuzestan . It also held irredentist claims to Kuwait. Saddam Hussein's government sought to annex several territories. In

12540-683: Was involved in and testifies that the group will come back. Furthermore, the group reannounces their opposition towards the Iranian government and ISIS. They also call for the Sunni Iraqis to join the group. The precise details about the emergence of the IAI are unclear, although it is generally assumed that the group was established in the late summer of 2003 to fight and expel Coalition forces from Iraq. Former officers of Saddam Hussein 's army from Sunni strongholds such as Ramadi , Fallujah , Tikrit and Baqubah who were skilled ex-soldiers from

12654-404: Was not allowed or legitimate. In such a case, only that application may be ruled unconstitutional. Historically, the remedies for such violations have been petitions for common law writs , such as quo warranto . Scholars debate whether a constitution must necessarily be autochthonous , resulting from the nations "spirit". Hegel said "A constitution...is the work of centuries; it is the idea,

12768-512: Was primarily active in the Diyala and Saladin Governorates. Most of its fighters have renounced fighting against the Iraqi state, although some have joined ISIS . Islamic Army in Iraq has not claimed any attacks since late 2014. On the 9th of April, 2024, the group has published a video titled "Come to Jihad " (حي على الجهاد). This hour long video shows the history of activities the group

12882-558: Was strongly critical of the British Mandate for Mesopotamia , published his first volume of his work The History of Iraqi Governments in the 1930s (the second published in the 1950s), the first volume was endorsed by King Faisal I of Iraq . Al-Hasani was a prominent proponent of Iraqi nationalism. In one of his works al-Hasani included a letter by Faisal I, the letter had Faisal I describing Iraq as suffering from religious and sectarian tensions due to Iraqis being unable to form

12996-665: Was used for those of England, beginning with the Code of Æthelberht of Kent (602). Around 893, Alfred the Great combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the Doom book code of laws for England. Japan 's Seventeen-article constitution written in 604, reportedly by Prince Shōtoku , is an early example of a constitution in Asian political history. Influenced by Buddhist teachings,

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