Thinking Beyond the Original Bargain: Post Ratification Constitution Making and the Case of Iraq

10 Pages Posted: 17 Jul 2012 Last revised: 4 Oct 2012

Haider Ala Hamoudi

University of Pittsburgh - School of Law

Date Written: 2012

Abstract

This paper, submitted in connection with a panel at the American Political Science Association Annual Meeting, explores some of the implications of regarding a constitution making exercise as not merely the enactment of a particularly important piece of legislation, but rather the establishment a broad and long lasting national compact. In a society such as Iraq, which is not only divided, but where different communities have radically different visions of an ideal state order, such high stakes can be impossible to manage. As such, one way to address the problem of constitution making in such contexts is to embrace ambiguity and deferral as means to reach consensus among sharply divided communities, thereby creating space for future (partial) resolution of existing disputes. This paper explores representative examples where such efforts have been undertaken in Iraq, and the extent to which they have been successful.

Keywords: Iraq, constitution, constitution making

Suggested Citation

Hamoudi, Haider Ala, Thinking Beyond the Original Bargain: Post Ratification Constitution Making and the Case of Iraq (2012). APSA 2012 Annual Meeting Paper; U. of Pittsburgh Legal Studies Research Paper No. 2012-26. Available at SSRN: https://ssrn.com/abstract=2110943 or http://dx.doi.org/10.2139/ssrn.2110943

Haider Ala Hamoudi (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Avenue
Pittsburgh, PA 15260
United States
412-624-1055 (Phone)

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