iraqi constitutionalism

Tags: iraq, jurisprudence

• 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

• Bland
• Typical secular dictator language

1979 amendment

• Amendment made for Kurdistan, never acted upon

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

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