iraqi constitutionalism

Jomana Qaddour
Basra as a bellweather for sectarian mobilization
Expanding sectarianism beyond 2003
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
Constitutionalism can be looked at in two ways:
- Civic rights & protections
- Power sharing of institutions

1970’s constitution

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

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