The Iraqi Constitution (full version)
Here are snippets from the Iraqi Constitution:
Article (2):
1st — Islam is the official religion of the state and is a basic source of legislation:
(a) No law can be passed that contradicts the undisputed rules of Islam.
(b) No law can be passed that contradicts the principles of democracy.
[It's two - two - two mints in one. Conflict between these two doctrines? Then I guess it goes to the Supreme Ruling Council (see below for membership requirements). ]
From the preamble:
"We the sons of Mesopotamia, land of the (messengers), prophets, resting place of the holy imams, the leaders of civilization and the creators of the alphabet, the cradle of arithmetic: on our land, the first law put in place by mankind was written; in our nation, the most noble era of justice in the politics of nations was laid down; on our soil, the followers of the prophet and the saints prayed, the philosophers and the scientists theorized and the writers and poets created."
[Okay, I'm fine with some boasting in the preamble, but subtle it's not].
Italics are mine.
* * *
YOUR RIGHTS: Article (17):
1st — Each person has the right to personal privacy as long as it does not violate the rights of others or general morality.
[The general morality phrase - that's like the Sanity Clause in Night at the Opera; and I'm fairly certain it will exclude me from the process].
* * *
Article (36): The state guarantees, as long as it does not violate public order and morality:
1st — the freedom of expressing opinion by all means.
* * *
5th — The accused is innocent until his guilt is proven in a just, legal court. The accused cannot be tried for the same accusation again after he has been freed unless new evidence appears.
* * *
7th — Court sessions will be open unless the court decides to make them secret.
* * *
10th — Punitive law shall not be applied retroactively unless it is best for the defendant.
[Father knows best]
* * *
ON BEING PRESIDENT:
3rd — have a good reputation and political experience and be known for his integrity, rectitude, justice and devotion to the homeland.
4th — not have been convicted of a crime that violates honor.
ON THE SUPREME COURT:
2nd — The Supreme Federal Court will be made up of a number of judges and experts in (Islamic Jurisprudence) and law, whose number and manner of selection (work) will be defined by a law that should be passed by two-thirds of the parliament members.
* * *
Do you think there are any loopholes in this? I had the feeling I was reading something from a Marx Brothers movie.
But remember, I am free to say this in Iraq unless they decide otherwise. And you are free to comment on this unless I decide to forbid it.
2 comments:
"Get your tutti fruiti ice-cream!"
"What - you don't have a code book?"
Etc. etc. But I was thinking of the movie Duck Soup - with HAIL, HAIL FREEDONIA HOME OF THE BRAVE AND TRUE!"
"If you think this country's in a mess just wait 'til I get through with it."
Groucho's acceptance song.
Don't forget, our Constitution originally permitted slavery and then, to add insult to injury, counted Black slaves for census purposes, but as "3/5 of a person."
That stuff was there as a result of compromise over hotly contested issues.
My take on the proposed Iraqi constitution is that we're seeing the same sort of thing - wording that represents compromise over hotly contested issues (actually, a lot of this same stuff went into the Afghani constitution, but for some reason, it didn't get the play in the press.)
I think the draft constituion meets the "80-20" rule, and that's probably as good as we can hope for a bare two years following decades of the Wrong Stuff.
Look, we're not after perfect - basically, they need (1) rule of law (2) independent and honest courts (3) a free and vigorous press - the rest is all details.
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