iraqi constitutionalism [74b098c9]
Tags: iraq, jurisprudence
- Jomana Qaddour
- Basra as a bellweather for sectarian mobilization
- Expanding sectarianism beyond 2003
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Baathist approach to competition of national truths
- comparison of writing a monarchist historiography like in DiCapua - Gatekeepers of the Arab Past?
- 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
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Constitutionalism can be looked at in two ways:
- Civic rights & protections
- Power sharing of institutions
1. 1970's constitution
1. 1970's constitution
- Bland
- Typical secular dictator language
2. 1979 amendment
2. 1979 amendment
- Amendment made for Kurdistan, never acted upon
3. Transitional Administrative Law
3. Transitional Administrative Law
- 25 member council per Dodge - Rethinking Political Identities in Iraq After 2003
- Not intended as a governing structure
- Mentioned fair representation of some religious groups
4. Current Constitution
4. Current Constitution
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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
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2 months to draft
- Extension, but americans did not want an extension and shia's did not want an extension
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Preamble
- Extremely religious in nature
- Binds Islam and democracy
- Articles about holy shrines
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Introduction of personal status courts in order to weaken the judiciary
- Experts in Islamic jurisprudence allowed for judiciary
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Federalism
- Actually provides for construction of additional autonomous zones beyond iraqi kurdistan
- Autonomous regions can create embassies
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Resources
- Talks about current oil fields but is notably silent on future ones
- Muhasasa Ta'if system institutionalized in 2006