Download or read book Constitution Making Under Occupation written by Andrew Arato and published by Columbia University Press. This book was released on 2009 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.
Download or read book Iraq s Constitutional Process written by and published by . This book was released on 2005 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Iraq s Constitutional Process II written by Jonathan Morrow and published by . This book was released on 2005 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Iraq written by Chibli Mallat and published by Aspen Publishers. This book was released on 2009 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished international scholar Chibli Mallat draws from his two-decade long experience with US policy-makers and Iraqi leaders for this breakthrough text. Iraq: Guide to Law and Policy offers timely coverage and incisive analysis of the American-Iraq experience in war and nation-building--examining the successes and failures of the law and policy implemented since the 2003 change of regime in Iraq. An essential tool for understanding the issues and choices required for well-informed policy decisions, Iraq: Guide to Law and Policy features: The creation of the Iraqi constitution--with a set of article-by-article commentaries, a special focus on the resulting electoral laws and the amendment process Up-to-date coverage of all areas of Iraqi policy, ranging from international law, oil and the economy to the constitution, security, and the judiciary. Thoughtful analysis of past mistakes, current choices and opportunities, and tactical and strategic courses of action in Iraq An ideal complement for courses on constitutional, international, or comparative law, Iraq: Guide to Law and Policy offers fascinating insight for anyone interested in the historical and contemporary issues, law, and policy that shape Iraq and the future of US- Iraqi relations.
Download or read book The Iraq Constitution 21st March 1925 written by 'Iraq. Constitution and published by . This book was released on 1928 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Weak Viability written by Jonathan Morrow and published by . This book was released on 2006 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Negotiating in Civil Conflict written by Haider Ala Hamoudi and published by University of Chicago Press. This book was released on 2013-11-12 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds? Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
Download or read book What We Owe Iraq written by Noah Feldman and published by Princeton University Press. This book was released on 2009-01-10 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do we owe Iraq? America is up to its neck in nation building--but the public debate, focused on getting the troops home, devotes little attention to why we are building a new Iraqi nation, what success would look like, or what principles should guide us. What We Owe Iraq sets out to shift the terms of the debate, acknowledging that we are nation building to protect ourselves while demanding that we put the interests of the people being governed--whether in Iraq, Afghanistan, Kosovo, or elsewhere--ahead of our own when we exercise power over them. Noah Feldman argues that to prevent nation building from turning into a paternalistic, colonialist charade, we urgently need a new, humbler approach. Nation builders should focus on providing security, without arrogantly claiming any special expertise in how successful nation-states should be made. Drawing on his personal experiences in Iraq as a constitutional adviser, Feldman offers enduring insights into the power dynamics between the American occupiers and the Iraqis, and tackles issues such as Iraqi elections, the prospect of successful democratization, and the way home. Elections do not end the occupier's responsibility. Unless asked to leave, we must resist the temptation of a military pullout before a legitimately elected government can maintain order and govern effectively. But elections that create a legitimate democracy are also the only way a nation builder can put itself out of business and--eventually--send its troops home. Feldman's new afterword brings the Iraq story up-to-date since the book's original publication in 2004, and asks whether the United States has acted ethically in pushing the political process in Iraq while failing to control the security situation; it also revisits the question of when, and how, to withdraw.
Download or read book The Iraq Constitution Passed by the Constituent Assembly July 10th 1924 as Amended by the Law of July 29th 1925 written by Iraq and published by . This book was released on 1928 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Struggle for Iraq s Future written by Zaid Al-Ali and published by Yale University Press. This book was released on 2014-02-18 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unbarred account of life in post-occupation Iraq and an assessment of the nation's prospects for the future
Download or read book The Limits of Institutional Engineering written by David Waldner and published by . This book was released on 2009 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: By using a method called process tracing to scrutinize institutional engineering in Iraq, it becomes clear why intensified violence followed the drafting and ratification of the Iraqi constitution. It is not surprising that institutional engineering did not forestall violence; therefore, we can conclude that the Iraqi experience does not support theories of institutional design--Publisher's description.
Download or read book The Constitution of Iraq written by Zaid Al-Ali and published by Hart Pub Limited. This book was released on 2010 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to discuss the new constitutional settlement in Iraq, the manner in which it came about, and how it has been implemented since coming into force in 2006. The book presents the constitution-making process, focusing on the wider factual, historical and legal context, the drafting exercise and how it evolved in practice, and the legitimacy of the final text as affected by that process. The book also highlights the most contentious aspect of the new constitution, the federal system, emphasizing the horizontal and vertical divisions of legislative, administrative and judicial power, the flexibility offered by possible devolution of competence from the centre, and the distribution of natural resources. These provisions have affected Iraq's traditionally centralised system of government and certain state institutions have resisted the changes. Fundamental rights are also discussed, as is the manner in which they interact with other values such as Islam, socio-economic rights, group rights, international human rights protection and the role of the courts in adjudicating disputes. The book looks carefully at Iraq's constitutional transition, and whether the new settlement has helped to resolve conflict and promote national reconciliation. Finally, the book looks at the informal sectarian system of government that has been enshrined since ratification of the Constitution.
Download or read book An Iraq of Its Regions written by Reidar Visser and published by Hurst & Company Limited. This book was released on 2007 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent outbursts of sectarian and ethnic violence in Iraq have made many observers question the viability of the state itself. It is said that due to the artificiality of the state and a lack of deep-seated political institutions, Iraqi politics is doomed to endlessly revert back to primordialism. Political parties are mere facades for the real intention of pursuing ethno-sectarian interests, the argument goes. But the present situation has largely been caused by Saddam Hussein's infamous rule over the past three decades, combined with the plight of international sanctions. Before Saddam's ascent to power in the late 1970s, however, the Iraqi political spectrum was full of political parties operating from ideological platforms. The largest, and arguably most important of these groups, was the Iraqi Communist Party (ICP). The ICP stands out as the only true cross-sectarian party in Iraqi history, drawing support from all of Iraq's diverse communities. From its inception in 1934, it continuously fought the various regimes in power and endeavoured to spread communist ideology throughout Iraq. At times the party achieved considerable success in this regard, although ultimately never able to seize power. Red Star over Iraqanalyses the twists and turns of the ICP from its inception until its ultimate demise as a significant political force at the hands of Saddam in 1979.
Download or read book Constitutionalism Human Rights and the Rule of Law in Iraq written by United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on Near Eastern and South Asian Affairs and published by . This book was released on 2003 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Download or read book Law In Iraq written by Chibli Mallat and published by OUP USA. This book was released on 2012-05-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in Iraq: A Document Companion provides the full English translation of Iraq's most important laws and regulations. These two volumes constitute the first collection of English-language primary materials published since the current Iraqi constitution was ratified in 2005. Supplemented with a subject index and a table of authorities for ease of use, this collection is an essential resource for anyone conducting research into Iraq's governmental structure, regulation of commerce, and legal procedures.
Download or read book The Constitution of Iraq written by Iraq and published by . This book was released on 1948 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
