How long will the Iraqi Constitution last?

[Mattforclark]

Poll question: How long will the Iraqi Constitution last?

Before they replace it with a new one, before they do away with it altogether, or before it goes the way of documents like the UN declaration of human rights, which tends to be looked at with faint admiration but generally ignored?

So how long will it be, after the Iraqis have true sovereignty and self-determination, before they ditch this constitution?




"All Iraqis are equal in their rights without regard to gender, sect, opinion, belief, nationality, religion, or origin, and they are equal before the law. Discrimination against an Iraqi citizen on the basis of his gender, nationality, religion, or origin is prohibited. Everyone has the right to life, liberty, and the security of his person. No one may be deprived of his life or liberty, except in accordance with legal procedures. All are equal before the courts." (Chap 2, Article 12)"
"Public and private freedoms shall be protected." (Chap 2, Article 13)"
"The right of free expression shall be protected." (Chap 2, Article 13)"
"Each Iraqi has the right to freedom of thought, conscience, and religious belief and practice. Coercion in such matters shall be prohibited." (Chap 2, Article 13)"
"Torture in all its forms, physical or mental, shall be prohibited under all circumstances, as shall cruel, inhuman or degrading treatment…." (Chap 2, Article 15)"
"Each Iraqi has the right to demonstrate and strike peaceably in accordance with the law." (Chap 2, Article 13)"
"The right of free peaceable assembly and the right to join associations freely, as well as the right to form and join unions and political parties freely, in accordance with the law, shall be guaranteed." (Chap 2, Article 13)"
"Every Iraqi…has the right to stand for election and cast his ballot secretly in free, open, fair, competitive, and periodic elections. No Iraqi may be discriminated against for purposes of voting in elections on the basis of gender, religion, sect, race, belief, ethnic origin, language, wealth, or literacy." (Chap 2, Article 20)"
"The right to a fair, speedy and open trial shall be guaranteed."#160;(Chap 2, Article 15)"
"All persons shall be guaranteed the right to a fair and public hearing by an independent and impartial tribunal, regardless of whether the proceeding is civil or criminal…."(Chap 2, Article 15)"
"The individual has the right to security, education, healthcare and social security." (Chap 2, Article 14)"
"Each Iraqi has the right to privacy." (Chap 2, Article 13)"
"Police, investigators, or other governmental authorities may not violate the sanctity of private residences, whether these authorities belong to the federal or regional governments, governorates, municipalities, or local administrations, unless a judge or investigating magistrate has issued a search warrant…." (Chap 2, Article 15)"
"No one may be unlawfully arrested or detained, and no one may be detained by reason of political or religious beliefs." (Chap 2, Article 15)"
"The right to private property shall be protected…. No one shall be deprived of his property except by eminent domain, in circumstances and in the manner set forth in law, and on condition that he is paid just and timely compensation." (Chap 2, Article 16)"
"There shall be no taxation or fee except by law." (Chap 2, Article 18)"
"This Law is the Supreme Law of the land and shall be binding in all parts of" Iraq without exception. No amendment to this Law may be made except by a three-fourths majority of the members of the National Assembly and the unanimous approval of the Presidency Council."





A few things that the Iraqi constitution has that the US lacks:

1) Nondiscrimination based on gender. Remind me, which political party was it that blocked the ERA, again?
2) If Gitmo were in Iraq, it would apparently be unconstitutional, because mental torture is prohibited.
3) They have the right to health care. In their constitution. Americans don't have a right to health care, and certainly not in the constitution. Nothing about social security or education in the US constitution either.
4) They have the right to strike in their constitution. Hmmmm.
5) They have the right to privacy explicitly stated in the Iraqi constitution. Which party, again, would not like that sort of thing in the US constitution?

[DuctapeFatwa]

1. Doesn't matter, they got the pics. Complete with CNN gushing about Paulie

"beaming like a proud parent." Grateful Iraqis queue for miles to kiss the beloved feet of Great White Father.

[wuushew]

2. March 8th + 8 months = after election day

Leaving either Kerry with a nightmare or proving that shrub played politics to win the election.

[FloridaPat]

3. Agree completely.

[not systems]

4. It is DOA but will remain on life support until after the election.

When the fan will take a hit in order get a big cash
infusion through the congress.

[PsychoDad]

5. Sounds nice...

Can we get one.

Too bad it's only window dressing..

[TahitiNut]

6. Notice the fundamental difference from the US Constitution?

The US Constitution presumes the human rights and civil liberties that empower a People to form a government whose sole powers are those granted it by the People. The sole legitimacy of the US Constitution is derived from those rights. The Constitution then defines the boundaries, limits, and subordination of government itself, reserving all superior powers to the People.

The Iraqi 'Constitution' reads like it assumes the power on the part of government itself to grant or deny 'rights' to the people of Iraq. It's obviously written by autocrats. It doesn't acknowledge that its own very legitimacy can come solely from, and with the consent and forebearance of, the People of the nation themselves. It's no written to place boundaries on the government; it's written so as to enumerate the freedoms of the people - freedoms just as easily prohibited.