Acidus wrote:
Everyone is making such a big deal about Iraqi as an "island of Democracy" in the Middle East. Conservatives are using it to justify a losing war. Liberals are using it to attack the president.
But how many people have actually read it? Well I have, and while it is not the doom and gloom some people are pushing Iraq most certainly will not be an "island of democracy."
The Constitution is full of nice American-like language and statutes:
-Iraqis are equal before the law
-Every individual has the right to life and security and freedom and cannot be deprived of these rights or have them restricted except in accordance to the law and based on a ruling by the appropriate judicial body
-Double Jeopardy
-Freedom to travel
-No exile
-Freedom of religion
-Freedom of thought
-No discrimination based on color, race, gender (but not sexual orienation)
Sounds pretty good right? So some laws define the limits of rights and freedoms just like in the US. Where does this law come from?
Well, after the preamble and a statement defining the government, the very first thing in the Iraqi Constitution is:
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.
So for the freedoms defined in relation to the law are really subject to the law, specifically Islamic law.
Now some of these right are just absolutes like:
The state is committed to protecting the individual from coercion in thought, religion or politics, and no one may be imprisoned on these bases.
Some of them are entirely conditional to, again, Islamic law:
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.
2nd — the freedom of press, publishing, media and distribution.
3rd — freedom of assembly and peaceful protest will be organized by law.
Morality is left underdined in the Constitution. Persumedly it is left to Islamic law to define morality.
What happens when someone doesn't respect the constitution? What happens when someone stones their daughter to death for allowing herself to get raped because that's in accordance with Islamic law? Well, then the case can be appealled to a Supreme Federal Court, much like our Supreme Court. So who is allowed on this court?
The Supreme Federal Court will be made up of a number of judges and experts in Sharia (Islamic Law) and law
Of course! Who better to resolve the conflicts between Islamic law and statements like "Every individual has the right to life and security and freedom and cannot be deprived of these rights" then someone who is an Islamic iman?
Take a good hard look at this document. This is the fruit of $200 Billion and 2000 dead Americans. You tell me if it was worth it. You tell me if you will ever trust this administration again.
That sounds much how our government works (even though we don't put it in writing and claim to do otherwise).
