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iraqi constitutionalism [74b098c9]

Tags: iraq, jurisprudence

  • Jomana Qaddour
  • Basra as a bellweather for sectarian mobilization
  • Expanding sectarianism beyond 2003
  • Baathist approach to competition of national truths

  • Saddam came to power the same year as the Iran/Saudi conflict started`
  • Ahemd Chalabi's collaboration with the US/UK
  • The weak liberal secular opposition vs strong sectarian
  • Constitutionalism can be looked at in two ways:

    • Civic rights & protections
    • Power sharing of institutions

1. 1970's constitution

  • Bland
  • Typical secular dictator language

2. 1979 amendment

  • Amendment made for Kurdistan, never acted upon

3. Transitional Administrative Law

4. Current Constitution

  • Composition of the committee was debated

    • Sunni's had boycotted the elections, but the constitutional framers drew from electoral maps
    • lack of sufficient Sunni repressentation
    • 2 months to draft

      • Extension, but americans did not want an extension and shia's did not want an extension
  • Preamble

    • Extremely religious in nature
    • Binds Islam and democracy
  • Articles about holy shrines
  • Introduction of personal status courts in order to weaken the judiciary

    • Experts in Islamic jurisprudence allowed for judiciary
  • Federalism

    • Actually provides for construction of additional autonomous zones beyond iraqi kurdistan
    • Autonomous regions can create embassies
  • Resources

    • Talks about current oil fields but is notably silent on future ones
  • Muhasasa Ta'if system institutionalized in 2006