Text of the Draft Iraqi Constitution (Full Text, Preamble and all)

[geomon666]

(AP) - The complete text of the draft Iraqi Constitution, as translated from the Arabic by The Associated Press, part 1 of 12:

PREAMBLE

We the sons of Mesopotamia, land of the prophets, resting place of the holy imams, the leaders of civilization and the creators of the alphabet, the cradle of arithmetic: on our land, the first law put in place by mankind was written; in our nation, the most noble era of justice in the politics of nations was laid down; on our soil, the followers of the prophet and the saints prayed, the philosophers and the scientists theorized and the writers and poets created.

http://www.wtopnews.com/index.php?nid=105&sid=557477

Check it out. It's even scarier than the short version.

Part 2: http://www.wtopnews.com/index.php?nid=105&sid=557479

Part 3: http://www.wtopnews.com/index.php?nid=105&sid=557484

Part 4: http://www.wtopnews.com/index.php?nid=105&sid=557493

[TrogL]

1. where's the rest of it

That's just the preamble and it's just meaningless plastitudes.

[geomon666]

2. Sorry

Added the other 2 parts that are available. I'll keep adding them in as they come. It's in 12 parts so it's going to take awhile.

[paineinthearse]

7. It's in 12 parts

Just like the Japanese diplomatic message of December 7, 1941 (or was that 13?).

[Igel]

3. Well, there are certainly some weasel words in parts 2-4:

'morality', 'public order' being among them (either can be interpreted in very liberal or very restrictive ways). They pretty much make the meaning of the text indeterminate.

I'd like to have seen an explicit acknowledgement of the right to change religions. I guess that was asking too much.

More problematic is the translation itself: the translators are clearly not native speakers of English, and sometimes I wonder if the translation's quite right. A lot can hinge on an article or preposition (even if this isn't the authentic copy).

[seriousstan]

4. Article (23):2nd _ Property may not be taken away except for the public in

2nd _ Property may not be taken away except for the public interest in exchange for fair compensation. This shall be regulated by law.

Wish we had that one in the U.S.

[paineinthearse]

5. geomon666 Great Work!

Nominated.

[thereismore]

6. I read it all. On the surface of it

it guarantees "equal opportunity" and freedom of religion, but I am afraid that there may be conflicts between this constitution and Islam (a source of all law).

It does not look has as bad as I thought.

[geomon666]

8. What a shock!

1st _ The state guarantees social and health insurance, the basics for a free and honorable life for the individual and the family _ especially children and women _ and works to protect them from illiteracy, fear and poverty and provides them with housing and the means to rehabilitate and take care of them. This shall be regulated by law.

They guarantee isurance. How come we don't have that?

[soothsayer]

9. too bad we don't have this one

Article (8): Iraq shall abide by the principles of good neighborliness and by not intervening in the internal affairs of the other countries, and it shall seek to peacefully resolve conflicts and shall establish its relations on the basis of shared interests and similar treatment and shall respect its international obligations.

[Sgent]

10. Are they writing

a constitution or a Code of Law? This thing is poorly edited (although that could be the translation), and extremely long, with almost no broad statements.

Also, much of it conflicts with Article 2 which prohibits anything that conflicts with "Islamic Law". Of course, they don't define which Islamic Law.

[soothsayer]

12. I was thinking that between that and things that conflict with

democracy, they don't have much left to work with

[soothsayer]

11. poor bastards can lose their property JUST LIKE US!!!

Article 23, 2nd _ Property may not be taken away except for the public interest in exchange for fair compensation. This shall be regulated by law.

[soothsayer]

13. nice thought, but...enjoy your depleted uranium!

Article (33):

1st _ Every individual has the right to live in a correct environmental atmosphere.

2nd _ The state guarantees protection and preservation of the environment and biological diversity.

[soothsayer]

14. I guarantee they have the iraqi patriot act so this means nothing

Article (38): The freedom of communications and exchanges by post, telegraph, telephone and by electronic and other means is guaranteed. They will not be monitored or spied upon or revealed except for legal and security necessity in accordance with the law.

[geomon666]

15. Parts 5 and 6 are up

Part 5: http://www.wtopnews.com/index.php?nid=105&sid=557513

Part 6: http://www.wtopnews.com/index.php?nid=105&sid=557529

[geomon666]

16. oh man

Article (49): Members of the Council of Representatives shall take the constitutional oath in front of the council before starting their work, as follows:

"I swear by God almighty to carry out my legal duties and responsibilities with dedication and devotion and to preserve the independence and sovereignty of Iraq and to look after the interests of its people and to see to the safety of its land, sky, water, wealth and democratic, federal system and to work to preserve the public and private freedoms and the independence of the judiciary and to abide by honestly and impartially implementing the legislation. God is the witness of what I say."

[KansDem]

17. Where is the part about Iraq's oil belonging to the Iraqis?

The video on DU today of the pro-war, pro-Bush demonstrators showed a man chastising an anti-war protester, who likened the invasion to a war for oil. He said something to the effect "Have you read the new Iraqi Constitution?" (like we all have a copy on our coffee tables in the living room), and the lady said she hadn't. He then went on to say the new Iraqi Constitution stated all of Iraq's oil belongs to the Iraqi people. I search all six of these part and found no reference to oil. Perhaps it protected under Iraqi natural resources?

edited to add link: http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=4444867&mesg_id=4444867

[geomon666]

18. Part 7

http://www.wtopnews.com/index.php?nid=105&sid=557539

Wow, this is better than our constitution.

Article (96): It is forbidden for a judge or a member of the prosecution to:

1st _simultaneously hold a judicial position and a legislative or executive position or any other job.

2nd _ belong to any party or political organization or engage in any political activity.

Article (97): The military judiciary shall be fixed by law and the responsibilities of the military courts, which are limited to crimes with a military nature committed by members of the armed forces and security forces, shall be specified within the limits of the law.

Article (98): It is forbidden to legislate into a law provisions protecting any administrative action or decision from being challenged in court.

Article (99): It is permissible by law to establish a state council to handle the tasks of the administrative judiciary, advising, phrasing, representing the state and all other public associations in front of the judiciary, except what the law exempts.

[geomon666]

19. Parts 8 and 9

Part 8: http://www.wtopnews.com/index.php?nid=105&sid=557548

Part 9: http://www.wtopnews.com/index.php?nid=105&sid=557550

[geomon666]

20. What the hell is this?

Article (102): An agency shall be established called the Institution of the Martyrs, affiliated to the Cabinet, and its operations and powers will be regulated by law.

[geomon666]

21. Parts 10 and 11

Part 10: http://www.wtopnews.com/index.php?nid=105&sid=557553

Part 11: http://www.wtopnews.com/index.php?nid=105&sid=557557

[geomon666]

22. Last Part

Part 12: http://www.wtopnews.com/index.php?nid=105&sid=557592

[struggle4progress]

23. Long on philosophy, short on process and procedure: this is one ..

.. really sucky piece of crap, and it more or less guarantees that the Bushista crowd and their heirs will be able to maintain a military presence in the Iraqi oil fields forever: this document don't mean squat and ain't gonna calm nobody's nerves over there ...

[GoBlue]

24. Pathetic rubbish...

and about as meaningful as a corporate "Mission Statement".

How's this for a conflict of interests:

Article (2):

1st _ Islam is the official religion of the state and is a basic source of legislation:

(a) No law can be passed that contradicts the undisputed rules of Islam.

(b) No law can be passed that contradicts the principles of democracy.

[bribri16]

25. Compare it to the 1990 Constitution of Saddam's regime that never

got voted on because of Kuwait and Desert Storm. Which one would you rather live under?