Following the 2003 'Iraq War' of a U.S.-led alliance against Hussein,
the 1990 Constitution is no longer in force. Instead, the Iraqi Governing Council (IGC) unanimously approved an Interim Constitution
-- the Transitional Administrative Law
. It will be in effect until a permanent constitution is adopted in 2005. The Interim Constitution recognizes Islam as "a" source of legislation and bans any laws violating the tenets of the Muslim faith (Art. 7
). The document entails a comprehensive bill of rights. Details of Kurdish autonomy are not yet determined, but Iraq is geared towards a federalist system. As a goal (not quota), 25% of the national assembly seats are made up for women (Art. 30
). Although the charter is temporary, council members and U.S. executives expect it to serve as the basis for the permanent constitution. It will be followed by an addendum about non-direct elections of an interim representative government for the transfer of administrative power on June 30.
The ICL Edition of the 1990 Constitution is still available. It does not include the changes of Sep 1995 preparing the popular confirmation of Saddam Hussein as president. It has been used by the Hussein government as a ruling constitution even though the "referendum" of 15 Oct 1995 only indirectly concerned the constitution -- it was a vote to establish Saddam Hussein as president. The constitutional referendum originally planned for the early 1990s could not take place due to the state of war. Therefore, the validity of the document seems to depend on an implicit referendum by presidential elections on 15 Oct 1995. ICL called it 'interim constitution', i.e. effectively ruling though not established with finality.