The Iraqi Constitution

A draft constitution has been submitted to the Iraqi Parliament with a vote being postponed a few days in order to settle some remaining reservations on the part of Sunni factions involved in the process. Though some alterations may still be made there are a few aspects of the draft that are important and deserve mention.

First off, the draft constitution sets up a federalist system of government with a decentralized national government and a substantial degree of autonomy for the separate provinces and regions. Very important, for given Iraq’s diverse and pluralistic regions, and it’s tragic recent experience with centralized government, a federalist system will be a necessity in insuring the new Iraq’s survival and success.

Also included is a proper balance between the role of Islam and minority rights. Islam is "the religion of the state" and "a main source for legislation", an acknowledgment to be expected in a predominantly Islamic nation and entirely acceptable so long as the rights of religious minorities are guaranteed. They are: "This constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees all religious rights of all persons in the freedom of belief and religious practice." As Paul Mirengoff has pointed out, the fact that Islam is "a main source for legislation" and not "the main source" is indicative of the actual role Islam will play in Iraq’s governance.

Most importantly, the draft institutionalizes all the hallmarks of a stable, peaceful, legitimate, and successful democracy. Those hallmarks, which distinguish a stable and peaceful democracy from the other forms of government, include religious freedom, sovereignty residing with the people, civil control of the military, judicial review, the peaceful transfer of power, etc. That the elected representatives of the Iraqi people included all of these in their draft constitution dismisses any notion that Iraq specifically, and the region as a whole, is ill-prepared or in-conducive to democracy.

Note: The document quoted in this piece is a rough translation provided by The Washington Post and sources close to the drafting process, according to the Post, have verified that it is an accurate representation of the actual draft.

Hat Tip: Paul Mirengoff, Michael Ledeen, The Washington Post