that iraqi constitution

[Poi E]

And it is exactly because of that occupation that the process of reinstating sovereignty is being directed by the foreign force which neither has understanding of the local issues nor does it have the interests of the local population at heart. It's a process coloured with selfish motives and paternalism.

Principles of democracy without doubt are resident in internal orders as well. However, internal order of a state with Islamic foundation is not the same as the internal order of a western democracy. Likewise, the notion of democracy is not the same in the two.

Again, the irrational, moralistic preacher at it's...well, worst.

To conclude - Islamic law is widely recognised as one of the 'principal legal orders' of the world, just as 'common law' and 'roman / civil law' are. There is a presumption of legality between those systems, at least doctrinally. The practice surrounding the Iraqi constitution demonstrates that some legal systems are more equal than others and impose themselves on others. That, in my opinion, is not a desirable solution.

I'm done here.

I agree with your first point, however you identify any international concern with American imperalism in the area, which is nonsensical. On the second point, you will not I also referred to good governance and did not confine my comments to a type of decmocracy.

You have completely avoided any discussion of the position of minorities. Well done on your intellectual abdication. You're becoming a bit of a flouncer round these parts.

 

[nino_savatte]

On the position of minorities, many continue to be overlooked. In fact, the media has kept rather quiet about this issue and the US doesn't seem to care...as long as the constitution is in place then Iraq will legally be a nation in the eyes of US jurisprudence. And that's all that counts as far as DC is concerned.

There has been no mention of the Armenians and no mention of the Jews. The once secular state is on course to become a theocracy that ignores other cultures and faiths.

 

[oi2002]

Brad Rourke in CSM asks what if the US had to write a constitution from scratch?

Indeed, the main stumbling blocks for the Iraqi negotiators - the status of religion in government and its effect on women; the way to parcel out cash-generating natural resources; and the way the political parties can coexist - are ones we share here, in the land of the free. Recall, as just one example, the fierce battles over the Ten Commandments in an Alabama courtroom.
...
But a new constitution is a trick I doubt we could pull off here. Our pride in being the shining example of democracy is a bit overblown. We're coasting on past successes.

That's a very good point. Dubyaocracy is crying out for some training wheels of its own.