Constitutional experts, critique the Iraqi constitution

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

Egypt - 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

Morocco - 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

  • Tamerlane

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.)

Just reading through that Iranian constitution and I notice it says this:

Man, I sure hope they get nuclear weapons.

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:

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

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.

Here, by the way, is the text 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.