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Constitutionalism, Human Rights, and Islam after the Arab Spring by Grote, Rainer; Röder, Tilmann J (22nd August 2016)

Part 7 International Influences and Interactions, 7.4 Lessons from the Iraqi Constitution-making Process

Shaikh Humam Hamoudi

From: Constitutionalism, Human Rights, and Islam after the Arab Spring

Rainer Grote, Tilmann J. Röder

The process of writing a constitution in a country that has experienced an invasion goes along with enormous difficulties in various fields, such as the role of the occupying force, the participation of former regime members, and the question of legitimacy as such. Who should write the constitution: the occupying force, foreign experts, or local politicians and lawyers? Can such a constitution at all be accepted by a large majority of the population, particularly if the occupying force has imposed conditions in regard of authorship, process, and contents? The...
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