The first draft

The New York Times has posted a partial draft of the new Iraqi constitution. (If anyone has a link to a complete draft, let me know.) The controversial clause 1 states that no law may contradict "Islamic standards" - but neither may it contradict "democratic standards" or "the essential rights and freedoms mentioned in this constitution", including freedom of the press and freedom to organize politically. Ultimately, if this constitution is adopted, it could all come down to what kind is Islam is followed by the jurists who will interpret this document. (And don't think the Saudis and Iranians will resist the temptation to meddle.)

There's a healthy debate over the new constitution in The Corner. One important point noted by John Derbyshire: the text of the constitution won't matter one bit if Iraq's future government doesn't hold itself to the provisions and limits therein. Stalin's Soviet constitution guaranteed freedom of expression and freedom of religion, too.

Update: Michael Totten is much less optimistic.

Posted by damian at August 23, 2005 01:25 PM | TrackBack