# Constitutional experts, critique the Iraqi constitution **URL:** \ **Category:** Great Debates\ **Created:** [August 23, 2005, 5:39pm UTC](https://boards.straightdope.com/t/constitutional-experts-critique-the-iraqi-constitution/318291 "2005-08-23T17:39:21Z")\ **Posts on this page:** 6\ **Page:** 2
**Author:** ![Tamerlane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tamerlane/32/7602_2.png) [@Tamerlane](https://boards.straightdope.com/u/Tamerlane)\ **Post date:** [August 23, 2005, 11:08pm UTC](https://boards.straightdope.com/t/constitutional-experts-critique-the-iraqi-constitution/318291/21 "2005-08-23T23:08:31Z")
> [@cmkeller](#): > > It’s certainly better than anything any other Arab nation has. Could be. We’ll have to see what it looks like in its final form. A few sample Arab consitutions, chosen semi-randomly ( I wanted at least one consitutional monarchy, Egypt & Algeria are representative of “democratic” countries that are anything but and Lebanon because of the oft-stated similarity between it in the 1970’s and Iraq today ) : \*\*Lebanon[/b\ - [http://www.oefre.unibe.ch/law/icl/le00000\_.html](http://www.oefre.unibe.ch/law/icl/le00000_.html) **Egypt** - [http://www.parliament.gov.eg/EPA/en/Levels.jsp?levelid=6&levelno=1&parentlevel=0](http://www.parliament.gov.eg/EPA/en/Levels.jsp?levelid=6&levelno=1&parentlevel=0) **Algeria** - [http://www.oefre.unibe.ch/law/icl/ag00t\_\_\_.html](http://www.oefre.unibe.ch/law/icl/ag00t___.html) **Morocco** - [http://www.mincom.gov.ma/english/generalities/state\_st/constitution.htm](http://www.mincom.gov.ma/english/generalities/state_st/constitution.htm) And just to toss it out again, **Iran’s** : Iran - [http://www.oefre.unibe.ch/law/icl/ir00000\_.html](http://www.oefre.unibe.ch/law/icl/ir00000_.html) - Tamerlane ---
**Author:** ![Sal\_Ammoniac](https://avatars.discourse-cdn.com/v4/letter/s/8dc957/32.png) [@Sal\_Ammoniac](https://boards.straightdope.com/u/Sal_Ammoniac)\ **Post date:** [August 24, 2005, 12:38am UTC](https://boards.straightdope.com/t/constitutional-experts-critique-the-iraqi-constitution/318291/22 "2005-08-24T00:38:56Z")
Iran’s is an interesting document. It’s a manifesto as well as a constitution, and whatever we may think of the ideology it explicitly espouses, the constitution at least is well elaborated, detailed, and broad in scope – everything the Iraqi constitution is not. (There’s a separate question here that is a little bit troubling, and it has to do with how well the constitution is adhered to. I imagine there are tons of countries with constitutions full of noble sentiments and ideals that have no existence beyond the paper they are written on. Haiti is a perfect example.) ---
**Author:** ![Jojo](https://avatars.discourse-cdn.com/v4/letter/j/ecd19e/32.png) [@Jojo](https://boards.straightdope.com/u/Jojo)\ **Post date:** [August 24, 2005, 5:21am UTC](https://boards.straightdope.com/t/constitutional-experts-critique-the-iraqi-constitution/318291/23 "2005-08-24T05:21:34Z")
Just reading through that Iranian constitution and I notice it says this: > [@](#): > > An Ideological Army > In the formation and equipping of the country’s defence forces, due attention must be paid to faith and ideology as the basic criteria. Accordingly, the Army of the Islamic Republic of Iran and the Islamic Revolutionary Guards Corps are to be organized in conformity with this goal, **and they will be responsible not only for guarding and preserving the frontiers of the country, but also for fulfilling the ideological mission of jihad in God’s way; that is, extending the sovereignty of God’s law throughout the world (this is in accordance with the Koranic verse “Prepare against them whatever force you are able to muster, and strings of horses, striking fear into the enemy of God and your enemy, and others besides them” [8:60]).** Man, I sure hope _they_ get nuclear weapons. ---
**Author:** ![Honesty](https://avatars.discourse-cdn.com/v4/letter/h/f04885/32.png) [@Honesty](https://boards.straightdope.com/u/Honesty)\ **Post date:** [August 26, 2005, 10:42pm UTC](https://boards.straightdope.com/t/constitutional-experts-critique-the-iraqi-constitution/318291/24 "2005-08-26T22:42:11Z")
I am not a constitutional scholar, in fact, if anything, I am as “ordinary” as they come. As I read the Iraqi Constitution, I felt, in general, that the document doesn’t lead itself to interpretation. It’s essentially a text of ridiculous laws: > [@](#): > > Entities or trends that advocate, instigate, justify or propagate racism, terrorism, ‘‘takfir’’ (declaring someone an infidel), sectarian cleansing, are banned, especially the Saddamist Baath Party in Iraq and its symbols, under any name. Also, from what I get about the Council of Representatives, those who are newly elected BY the people can be rejected by current Council members. What kind of crap is that? Maybe I’m not getting it. I also don’t get their judiciary rules for their version of the Supreme Court. They can be impeached? Can our judges be impeached? - Honesty ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [August 31, 2005, 4:10pm UTC](https://boards.straightdope.com/t/constitutional-experts-critique-the-iraqi-constitution/318291/25 "2005-08-31T16:10:33Z")
There ain’t a lotta meat on them bones. Judging from this draft, the constitution-writing committee has quite a bit of work ahead of it. I strongly agree that a good constitution strikes an elusive but necessary balance between detail and ambiguity - the U.S. Constitution does, thank God, but this one doesn’t. Not yet, anyway. And yes, **Honesty** , Federal judges can be impeached, and have been, two dozen or so times in U.S. history: _Art. II, Sec. 4: The President, Vice President and all civil officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors._ Impeachment is by the House; trial is in the Senate. One impeached and convicted Federal judge, Alcee Hastings of Florida, is now a congressman. Go figure. ---
**Author:** ![Sal\_Ammoniac](https://avatars.discourse-cdn.com/v4/letter/s/8dc957/32.png) [@Sal\_Ammoniac](https://boards.straightdope.com/u/Sal_Ammoniac)\ **Post date:** [September 1, 2005, 12:33pm UTC](https://boards.straightdope.com/t/constitutional-experts-critique-the-iraqi-constitution/318291/26 "2005-09-01T12:33:00Z")
Here, by the way, is the [text](http://www.nytimes.com/2005/08/28/international/iraqtext_new.html) of the new, improved Constitution. Obviously, this is much closer to a finished product than the version cited in the OP, and goes a long way toward resolving the doubts expressed there. [Previous page](https://boards.straightdope.com/t/constitutional-experts-critique-the-iraqi-constitution/318291.md?page=1)