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The Iraqi Constitution (Full Text)

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posted on Oct, 17 2005 @ 07:50 AM

The following is the full text of the draft constitution being voted on by Iraqis in Saturday's referendum. It was translated from the Arabic by the United Nations Office for Constitutional Support, and the translation was approved by the Iraqi government. Items in parentheses are amendments approved Wednesday by parliament and translated by The Associated Press. The amendments were made too late to be included in the U.N.-translated text being distributed to Iraqi voters and will be publicized in the press.

Its an interesting read. Like with most documents of this historic nature, only time will be able to gague its true impact. However, part of it are interesting.

The Preamble:

In the name of God, the most merciful, the most compassionate

"We have honored the sons of Adam"

We are the people of the land between two rivers, the homeland of the apostles and prophets, abode of the virtuous imams, pioneers of civilization, crafters of writing and cradle of numeration. Upon our land the first law made by man was passed, the most ancient just pact for homelands policy was inscribed, and upon our soil, companions of the Prophet and saints prayed, philosophers and scientists theorized and writers and poets excelled.

and *snip*

Accusations of being infidels, and terrorism did not stop us from marching forward to build a nation of law. Sectarianism and racism have not stopped us from marching together to strengthen our national unity, and to follow the path of peaceful transfer of power and adopt the course of the just distribution of resources and providing equal opportunity for all.

We the people of Iraq who have just risen from our stumble, and who are looking with confidence to the future through a republican, federal, democratic, pluralistic system, have resolved with the determination of our men, women, the elderly and youth, to respect the rules of law, to establish justice and equality to cast aside the politics of aggression, and to tend to the concerns of women and their rights, and to the elderly and their concerns, and to children and their affairs and to spread a culture of diversity and defusing terrorism.

Compared to the US Constitution:

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

I rather like the Iraqi version. Its sort of a historical reference as to how they the people of Iraq have reached to this point in thier history. As a much older country than the US at the time of its constitution, it only seems fitting.

However, the separation of church and state in the Iraqi version seems a bit more complex IMHO

Article 1:

(The Republic of Iraq is a single, independent federal state with full sovereignty. Its system of government is republican, representative "Parliamentary" and democratic. This Constitution is the guarantor of its unity)

Article 2:

First: Islam is the official religion of the State and it is a fundamental source of legislation:

A. No law that contradicts the established provisions of Islam may be established.

B. No law that contradicts the principles of democracy may be established.

C. No law that contradicts the rights and basic freedoms stipulated in this constitution may be established.

Second: This Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice such as Christians, Yazedis, and Mandi Sabeans.

It establishes Islam as the offical religion and guiding force behind laws (as in it cannot stray from its provisions. However, democracy must also play its role and religious freedom of other religions is stipulated.

It will take a while to analyze the entire documents, but I extend congradulations from one democracy to another and salute the bravery of the Iraqi people who braved the threats to participate in this founding.


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