Posted on 08/23/2005 3:36:22 PM PDT by jbwbubba
IRAQ [Michael Ledeen] I've been reading the Italian press on the Iraqi constitution, and some of the smarter commentators point out some things I think we've missed. First, there is hardly a country in the region without some language acknowledging Sharia as either "the" or "a major" basis for national legislation. But Iran, for example, says that Allah is the sole source of authority, while the Iraqi constitution says that the people are the only legitimate source of authority. This in itself is a revolutionary event. Big celebrations were under way among Kurds and Shi'ites, when the 3-day holiday was announced. These celebrations included lots of women, happy with the Bill of Rights that guaranteed freedom of religious choice, freedom for minorities, etc. The new constitution makes Iraq a Federal Republic, NOT an "Arab Republic," which is again revolutionary. And the federal nature of the new republic is revolutionary for the whole region. My favorite newspaper, il Foglio, comments: "All the neighboring countries (Iran, Syria and Saudi Arabia) and also more distant ones (Egypt, Libya, Tunisia and Algeria) have trouble facing the spread of a democratic Iraq, of a Constitution born from true multiparty elections, and now a new innovation has been added: the...decentralization of power."
So, while I'm still waiting for the final text, I'm feeling a lot better. I think Constitutions matter a lot. In the modern world where judges and lawyers rule, the written law is enormously important. Posted at 03:11 PM
It is true in Afghanistan as well. The MSM is just spewing agitprop and too many are sucking it up...
I read it today....it isn't bad.
Shhh! Don't tell churchillbuff!
Can they make amendments down the road?
I think so.
Also from the NRO Corner:
READ IT AND DON’T WEEP [Rich Lowry ]
A cooler head following the process closely sends along these points about the Iraqi constitution, at least as of Sunday evening (it’s obviously a moving target):
The Afghanistan Constitution contains strong Islam-based provisions, including a blanket provision saying: ‘In Afghanistan, no law can be contrary to the beliefs and provisions of the sacred religion of Islam.’ But the Afghan constitution also contains strong human rights protections and is facilitating the emergence of a peaceful and vibrant democracy.
--The Iraq draft appears to be similar. In addition to the broad bill of rights, our translation of the Islam provision states that ‘no law shall be enacted that contradicts [Islam’s] established provisions, the principles of democracy, [or] the rights and basic freedoms stipulated in this constitution.’ This is actually a better formulation than Afghanistan’s model.
-- The same provision also protects ‘all the religious rights of all individuals in the freedom of belief and religious practice’ – a provision consistent with international standards and identical to the widely praised Transitional Administrative Law (TAL), the interim constitution signed by the Iraq Interim Governing Council in 2004.
-- In addition, Islam is declared to be ‘a’ – not ‘the’– source of legislation, a victory to secularists and roughly in line with the TAL formulation.
--Finally, we are confident that the final interpreters of the Iraqi constitution will be non-religious based courts and the elected legislature – not unelected clerics.
http://corner.nationalreview.com/
Considering we left some holes in our constitution that resulted in OUR civil war; I have no problem letting them get this right, which it appears they are doing.
Dan Senor was on Fox earlier. He explained the highlights of the draft constitution quite well. Sounds good.
In the end, our people may learn something from the Iraqis about how to run a constitutional federal government.
I haven't had the opportunity to read it yet, but I trust Free people that lived very recently under the barbarism of Saddam to enshrine protections to keep and exercise that newly attained Freedom. Always have, which is perhaps why I haven't rushed to read the details of the text into early morning.
I do intend to read it, but to the extent Islam plays in it I've always assumed it's something similiar to the role Judeo-Christian texts played in formulating ours.
We must be cautious about portrying Afghanistan's new constitution as some sort of model for the Iraqi constitution, since for virtually every right guaranteed to women in the Afghan constitution, those guarantees are nullified by clauses that make Islamic law supreme to all other laws. And has sadly been the case, while Afghan women are "guaranteed" a certain number of legislative seats, the reality is that many women who choose to run for office are threatened with death or are killed. Check out
http://hrw.org/backgrounder/wrd/afghanistan0805/3.htm#_Toc111958714
We pledge to behead our women only once for minor infractions.
The Iraqi Constitution couldn't be perfect in the eyes of Americans who don't even agree on what their Constitution should mean. And Americans have arguably the best Constitution in the world.
IMO, the Iraqis have managed to come up with a Constitution that gives rights to all, and that's the most important thing. If they have to amend it later, at least all will have a voice in doing so.
yeah, all you see from the liberal media, is doom and gloom! They don't want anyone to know that its a good thing. If its good...then its bad for the lefties!!!
US Army Retired
Ledeen has long been a real anti-Iran, anti-terror hardliner. If he is sanguine about the proposed Constitution, then I'm thinking that perhaps it ain't such a bad thing after all -- indeed, it may bode well for us.
Good post. Some very important points are made, IMHO.
Which tells you two things.
Why the world is so screwed up and and what a slim chance they have to become a free people.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.