Institute for International Law and Human Rights

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IILHR’s work includes extensive participation in drafting more than 100 different analyses of legislative and constitutional issues for the Iraqi Council of Representatives and the Kurdistan Regional Parliament. IILHR has also provided commentary on approaches to a broad spectrum of issues, including constitutional review, gender law, Iraq’s human rights commission, social safety net development, freedom of expression and information, accountability, transitional justice, cultural heritage, and minority rights.

A Comparative Look at Referendum Laws

Defines referendum as a direct democracy procedure and outlines reasons for a referendum. Describes the institutional frameworks including regulation, types, subjects, and legal consequences. Also analyzes procedural frameworks and provides comparative charts and sample legislation.

Legal Memoranda and Analysis
Constitutional Development | Rule of Law

Comparative Analysis of Referendum Legislation

Provides a country-by-country analysis of referendum legislation. Examining Armenia, Estonia, Macedonia, Ireland, Lithuania, Ukraine, Romania, and other states, provides analysis of legal frameworks; issues that cannot be submitted to referendum; issues that can be submitted to referendum, rights to initiate, implementing institutions; and definitions.

Legal Memoranda and Analysis
Civil & Political Rights | Constitutional Development | Rule of Law

Comparison of the Authorities of the Upper and Lower Legislative Houses

Examines the relative authorities of the upper and lower legislative houses in Germany, Egypt, Nigeria, and South Africa. Considers whether the upper house should have jurisdiction equal to that of the lower house or only that legislation which is related to the regions. Addresses what different states consider “regionally related.” Examines the relative responsibilities of both houses regarding appointing executive branch and other officials as well as issues of budget construction.

Legal Memoranda and Analysis
Constitutional Development | Rule of Law

Constitutional Court

Provides a country-by-country analysis of constitutional courts. Provides analysis of the composition, qualifications, role/jurisdiction, president, and financial aspects of the constitutional courts of Romania, Poland, Afghanistan, and Spain.

Legal Memoranda and Analysis
Constitutional Development | Judiciary | Rule of Law

Higher Judicial Council

Provides country-by-country analysis of Higher Judicial Councils (HJCs). Examines the composition of such bodies, the appointment process, the role/jurisdiction of HJCs, the president, and the financing. Compares HJCs in Spain, Italy, and Romania.

Legal Memoranda and Analysis
Constitutional Development | Judiciary

IILHR Comments on Constitutional Amendments

Provides commentary and analysis on amendments to the Iraqi Constitution.

Legal Memoranda and Analysis
Civil & Political Rights | Constitutional Development | Economic, Social, & Cultural Rights | Judiciary | Rule of Law

IILHR Comments on Draft Law on Federation Council

Analyzes and comments on the Federation Council draft law. Main areas of concern and comment include that the present law does not include independent representation of the region as required by Article 65 of the Constitution; that the dates and means of direct election of Federation Council members are not clear and the draft may be improved by including language discussing whether or not the governorates have discretion in establishing regulations pertaining to time and means for elections; that the present draft does not enumerate the scope of the Federation Council’s jurisdiction. Provides article by article analysis of the draft law.

Legal Memoranda and Analysis
Constitutional Development | Rule of Law

IILHR Comments: Draft Law on Communications and Media Commission

Analyzes and comments on the Communications and Media Commission draft law. Main areas of concern and comment include the need to clarify the responsibilities of the commission and the structure of how the commission is formed (nomination, election, and appointment of members). Additionally, suggests the significance of understanding that the basis of an independent commission is to have parliament establish a commission of experts on a topic and then to leave the organization and its work to the members themselves. These final components must be included for the commission to be truly independent. Provides article-by-article analysis.

Legal Memoranda and Analysis
Civil Society | Constitutional Development | Rule of Law

IILHR Comments: Federal Civil Service Council

Analyzes and comments on the Federal Civil Service Council draft law. Main areas of concern include the draft law is too limited in its focus and should include development of the public system in addition to establishing public or independent institutions; the draft law should discuss the substance of the debated issue (i.e., civil service). This analysis is based on examination of normal state practice.

Legal Memoranda and Analysis
Civil Society | Constitutional Development | Rule of Law

IILHR Comments: Federal Supreme Court

Analyzes and comments on the Federal Supreme Court draft law. Main areas of concern and comment include the delineation of too much power to one individual; and the need to clarify and further explain the process and mechanics of the court. Suggests adding several articles from the constitution to the preamble of the law. Provides article-by-article analysis.

Legal Memoranda and Analysis
Constitutional Development | Judiciary

IILHR Comments: Higher Judicial Council

Analyzes and comments on the Higher Judicial Council draft law. The main areas of concern and comment include the delineation of too much power into the hands of one individual; the mechanics of the law need to be expanded upon and clarified (nomination, election, and appointment); and the fact that two articles may be unconstitutional as written. Provides article-by-article analysis.

Legal Memoranda and Analysis
Constitutional Development | Judiciary

IILHR Comparative Review of Minority Representation of in Electoral Legislation

Examines provisions in the election laws of Egypt, Jordan, South Africa, and Bosnia and Herzegovina relating to the representation and participation of minorities in the public sphere. Presents an overview of internationally and nationally recognized political rights and examines various electoral systems employed by democracies throughout the world, including Proportional Representation systems, Plurality-Majority systems, and quotas. Specifically examines the representation of women and that of other minorities in the above-named countries.

Legal Memoranda and Analysis
Constitutional Development | Minority Rights | Women's Rights

IILHR Legislative Review of the Draft Law on Rights of the Innocents

Analyzes and comments on the Rights of the Innocents draft law. Main areas of concern include the fact that the law may duplicate various articles of the constitution that already protect the rights to life, liberty, and security, those that protect privacy, those that protect against unlawful arrest and detention, and those that guarantee the right to litigate; that the definition of “innocent” under the draft law is narrow enough to risk unconstitutionally abridging rights guaranteed to all in the constitution; that the purpose of the law may be better suited for a law prohibiting libel and slander than one protecting the rights of the innocents. Provides article-by-article analysis.

Legal Memoranda and Analysis
Civil & Political Rights | Constitutional Development | Economic, Social, & Cultural Rights | Minority Rights | Rule of Law

IILHR Memo on Constitutional Provisions Related to the Authorities of Upper and Lower Legislative Houses

Provides provisions from the German, South African, Egyptian, and Nigerian constitutions related to the relative authorities of each country’s upper and lower legislative houses. Constitutional provisions provided include appointment responsibilities, the creation and regulation of state institutions supporting democracy, impeachment powers, jurisdiction over various types of legislation, jurisdiction over constitutional amendments, and powers related to the national budget.

Legal Memoranda and Analysis
Constitutional Development | Rule of Law

IILHR Memo on Speaker’s Term in Office

Identifies, through comparative state analysis, international approaches to fixed terms for parliamentary leaders. Suggests that not all parliamentary systems recognize the role of parliamentary leaders or speakers, but that for those that do recognize the position, term limits often match the term of the representative assembly by which the speaker is elected or have separate fixed terms. Examines the practices of South Africa, Jordan, Bosnia-Herzegovina, Indonesia, and Mali.

Legal Memoranda and Analysis
Constitutional Development | Rule of Law

Interpreting Article 56 of the Iraqi Constitution: The Timing of the Next Parliamentary Elections

Provides basis and precedent for interpreting Article 56 in terms of the “fourth year” ending on 31 December 2009 or, alternatively, on 28 February 2010. Identifies that the question hinges on the interpretation of the term “calendar year” as it applies in the context of the article and whether “fourth year” refers to the calendar year or a 365-day cycle based on the start of the first session in March. Recommends that Article 56 be interpreted to support holding the parliamentary elections in January 2010 rather than November 2009 based on the strength of comparative findings and pragmatic considerations.

Legal Memoranda and Analysis
Constitutional Development | Rule of Law

List of Constitutional Laws to be Legislated by Iraqi Council of Representatives Related to State Building

Relates each law pending in the Council of Representatives to the article of the constitution authorizing its implementation.

Legal Memoranda and Analysis
Constitutional Development | Rule of Law

Minority Protections in Iraq: Implementing Article 125 of Iraq’s Constitution

Analyzes minority autonomy issues as a way to further implement Iraq’s Constitution and comply with the legislative requirements for local administrations called for in Article 125. Provides a survey of local autonomy regimes with examples taken from around the world in an effort to clarify issues and present options to Iraqi citizens. Suggests that the most common way to establish mechanisms to allow minority groups to have representative self-governments is through the creation of autonomous regions or smaller local governments.

Legal Memoranda and Analysis
Civil & Political Rights | Civil Society | Constitutional Development | Economic, Social, & Cultural Rights | Minority Rights | Women's Rights

Overview of Research Institutes

Identifies, through comparative state practice, the evolution, functions, and financial structures of research institutions on contemporary states. Outlines the utility of research institutions and the five key functions common to most states in their institute models. These five elements include: (1) providing elected leaders, policy makers, and the public with expert advice based on sound scientific evidence; (2) promoting education and public awareness; (3) conducting and fostering research to keep the state current with modern developments and technology; (4) developing creative discoveries and innovative research strategies; and (5) discovering cures to worldwide epidemics.

Legal Memoranda and Analysis
Civil Society | Constitutional Development

Found 19 document(s)

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