Thursday, September 01, 2005

Iraq Constitution Digest

Special "digest" edition of links about the constitution that have shown up here over the last few weeks. Mostly focusing on facts rather then speculation (while understanding that a blogger can't help but veer off merrily down the path of sheer wotif some other times).

The facts. What it actually says:

  • Apparent full Associated Press translation on pdf.
NOTE: most of the above copies appeared before the "finished" version was "passed" on 28 August, 2005 (Iraq time). Changes to the preamble and some of the articles have been made since.

  • The version that was announced, but not agreed to by everyone, on 28 August.

And what people are saying about it:

  • What a freelance (not embedded) journalist in Iraq wrote about it.
  • What all the bloggers are saying: see blogroll.

What else people are saying:

  • Has anyone seen the whole final thing and how do I get a copy?
  • What is in it to protect Women and Children?
  • What is in it that won't protect Women and Children?
  • Why did they word this part like that and that part like this, as if I even need to pose rhetorically?
  • Why does federalism have to be so important?
  • It is kinda rushed looking, isn't it?
  • How come it is all such a big hurry to get it through?
  • Will the troops go now?

What else people have proposed:



Other links:

  • Niqash.org has a copy of the TAL - "Law of Administration for the State of Iraq for the Transitional Period". Basically the thing which rules how the constitution is supposed to be written and passed and voted on. See especially Chapter Nine Articles 60 and 61, look at Chapter One Articles 1 and 2, and marvel over how Chapter One Article 3 can be cleverly manipulated to do so many things that run counter to "the rights of the Iraqi people" by introducing a number of subtle ways almost anything can conflict with the "Supreme Law" timetable under A and then stating under B that "Any legal provision that conflicts with this law is null and void". A savy debater would argue that if anything that holds the Transitional National Assembly accountable to being "constituted in accordance with a process of extensive deliberations and consultations with cross-sections of the Iraqi people (Chapter One Article 2 B1)" becomes null and void under Article 3 B, then that makes the Transitional National Assembly null and void and a new one should be elected. Am amazed no-one has suggested this particular counter permeation yet, although other versions have been suggested based on Chapter Nine. Personally, I wouldn't have passed the TAL let alone the constitution that's supposed to be written under it. (This is not speculation it is an observation with my opinion on the end, and an arguement that could make sure everyone not in the TNA gets the proper two months initially scheduled to read and discuss the final constitution draft. And if the two months isn't allocated, well, the TNA is even more "voider and nuller" then it looks already).

Something pressing left out? Please suggest other offerings to add to this post (links, questions to ask, answers to counter, blog posts about it, key figures involved, anything at all).

1 Comments

#9/02/2005 03:04:00 pm Assalam Aleikom Anonymous Anonymous

e-

we're featuring all sorts o'stories on www.niqash.org ... feel free to check out (obviously) & cross-post here!

ciao,

--matthias s. klein

english editor
www.niqash.org

 

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