To Creat Rule of Law in Iraq, Tentations 2003

Abstract

A creative and innovative book training to transmit Occidental Rule of Law and Rechtstaat to Arabic Legal culture with a ventured title submitting complete temptation to create an innovative adopted -occidental Rule of Law state in Iraq, as example, and Middle East in general. The book, part from multicultural occidental schools, first the Spanish -French, casing of own academic formation of the author, and comparing with American schools, treating several Rule of Law theorical questions, from the construction of the society, the Rule of Law State, and treating the new pyramidal theory of positivism how it should be, adopted, to Arabic legal culture and scholars.

This book, conclude his body with tow annexed chapters reporting two international law questions, the first, the legal status of the Former President of Iraq, face to international war traits', and the second, the procedural difficulties upon the Iraqi Special Court, charged to judge the former president.

The book, in seven chapters, and introductory study about the concept of Rule of Law, Rein de la Loi, État de Droit, and Rechtstaat tray to interpret several modern theories to Arabic scholars, and from the first chapter, the concept of the Legal System, and the reform necessities, reporting multidimensional social theory of law, to the second chapter, on the ideas for the transformation from sociological and psycotechnical analysis of law to arrive the third chapter, which is a pure critic on constitutional proposals by several Iraqi civil societies, to contribute from academic point of view to develop the exchange in the debate on the constitutional process. So arriving to the fourth chapter, entitled To Build a Theory of Law in Iraq, which is a pure contribution to the theory of rule of law in Arab world. Then chapter fifth, a pure practical question on Iraqi political transition and democratic adoption. Within chapter six, about another constitutional proposal, with an extensive critical study, to conclude with chapter seven, about Spanish constitutional history, and political transformation, to demonstrate a comparative constitutional -democratic experience through 25 years of history as a complete conclusion for the book.

Note: Downloadable document is in Arabic.

Keywords: Rule of Law in Iraq & Arab World, iraqi constittional proccess

JEL Classification: K40, K49