3 Eylül 2005 Cumartesi

The Iraqi Constituion - Have you actually read it?

There has been a lot of talk about the Iraqi Consitution in the news. GWB loves it. Sunnis hate it. Some say it is a mediocre attempt to have *something* before an artificial deadline. Some say it is a road toward theocracy. But how many of us have actually read it? (Sound of crickets.) I thought so. Well, here is the document for your reading pleasure. And here are some comments by Charles Krauthammer on the doc.
The constitution writers in Iraq finessed the question of Islam by posing it as a thou shalt not. No law may contradict Islam. But it also says that no law may contradict democratic principles, and that the constitution accepts all human rights conventions.
This means that there are two gatekeepers for the passing of any law. Insofar as the constitution is adhered to (a heretofore dubious assumption in that part of the world), democratic rights are protected from the imposition of sharia. Establishing a double roadblock to new legislation is an excellent way to launch Iraq's first experiment with limited government.
I just read through it and the most troubling parts for me are (1) the establishment of a state religion (Islam, of course) and (2) the number of dubious "rights" that are assigned including a "right to work" which appears (to me) to guarantee a job to every Iraqi, enshrining a welfare system in the very Constitution of the nation. But even here, I can see why this is important based on Iraqi history, just as some of the stranger parts of our constitution are based on our history (for example, the ban on quartering troops in civilian homes - something no western nation does today, but was a major complaint during the American Revolution).

This gives me more hope for Iraq. They are going through a transformation that took America decades, and they are doing it in about the space of 3 years. It is bound to create major problems. But still, the heart of the new government is in a much better place than I would have suspected from the evening news.

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