Jump to Content Jump to Main Navigation

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

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 18 August 2022

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...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.