VIEWS: 11 PAGES: 29 CATEGORY: Law POSTED ON: 6/13/2010
This article argues that there are two principal reasons for the failure of the Iraqi Constitution of 2006, and the process surrounding it to engender national cohesion. Iraq's new political elites were not ready to make the compromises necessary to draft what might truly have been a national charter. The proof of this fact was the impasse reached in August 2005, which subsequently resulted in an overwhelmingly negative vote of Iraq's second largest ethnoconfessional group, Arab Sunnis. The insistence that the process proceed apace to a successful resolution was motivated principally by the interference of a foreign power indifferent to local needs and motivated only by its own domestic political agenda. At least two factors interacted in a negative synergy that led to tragic consequences. The first factor was the insistence of the US that the process be completed on a time schedule measured in weeks, rather than months. The second factor was a basic distrust amongst Iraq's nascent political elites.
A Constitution Without Constitutionalism: Reflections on Iraq's Failed Consti... Feisal Amin Rasoul al-Istrab
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