Constitution of Iraq

A Contextual Analysis
1. Auflage 2020
ISBN: 978-1-84113-809-1
Verlag: Hart Publishing

Buch, Englisch, 224 Seiten, Format (B × H): 138 mm x 216 mm

Reihe: Constitutional Systems of the World

This book is the first to discuss the new constitutional settlement in Iraq, the manner in which it came about, and how it has been implemented since coming into force in 2006. The book presents the constitution-making process, focusing on the wider factual, historical and legal context, the drafting exercise and how it evolved in practice, and the legitimacy of the final text as affected by that process. The book also highlights the most contentious aspect of the new constitution, the federal system, emphasizing the horizontal and vertical divisions of legislative, administrative and judicial power, the flexibility offered by possible devolution of competence from the centre, and the distribution of natural resources. These provisions have affected Iraq's traditionally centralised system of government and certain state institutions have resisted the changes. Fundamental rights are also discussed, as is the manner in which they interact with other values such as Islam, socio-economic rights, group rights, international human rights protection and the role of the courts in adjudicating disputes. The book looks carefully at Iraq's constitutional transition, and whether the new settlement has helped to resolve conflict and promote national reconciliation. Finally, the book looks at the informal sectarian system of government that has been enshrined since ratification of the Constitution.

Autoren/Hrsg.

Al-Ali Zaid

Fedtke, Jörg

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Islamisches Recht
• Geisteswissenschaften Islam & Islamische Studien Islamisches Recht

Über Autor(innen)

Zaid Al-Ali has practised international commercial arbitration in Paris, New York and London since 1999 and has been legal advisor to the United Nations in Iraq on constitutional and parliamentary reform issues, and on strengthening the rule of law since 2005.
Jörg Fedtke was Professor of Comparative Law at University College London (UCL) and Director of UCL's Institute of Global Law from 2001 to 2008. He is now A N Yiannopoulos Professor in Comparative and International Law at Tulane University in the United States and Co-Director of Tulane's Eason-Weinmann Center for Comparative Law.