Monday, August 29, 2005

 

A prescription for lawlessness

The proposed Iraqi constitution is a piece of paper that George Bush demanded. He needed it to wave around on his pro-war, pro-occupation tour. It is not the basis for a government, which is sort of what constitutions are for. It is on the other hand a sound basis for mayhem.

You don't need to read past Article I, first part, to have a good feel for what is to come—

Article (2): 1st _ Islam is the official religion of the state and is a basic source of legislation: (a) No law can be passed that contradicts the undisputed rules of Islam. (b) No law can be passed that contradicts the principles of democracy. (c) No law can be passed that contradicts the rights and basic freedoms outlined in this constitution.

Each of these categories is very broad. So imagine a dartboard with three large circles that overlap in the center. Circle A represents all the laws that contradict the "undisputed rules of Islam." Circle B represents all the laws that contradict "the principles of democracy." Circle C represents all the laws that contradict "the rights and basic freedoms outlined in this constitution." Representatives will now take turns throwing darts. If a representative can hit outside all of the circles, he has just crafted a law (though, of course, it may not be approved for political reasons).

Ah, but it's not actually that simple. The rules of Islam are greatly in dispute. The principles of democracy are nowhere defined in the constitution. And most of the rights and basic freedoms—at least the ones that seem to matter to Iraqis—are themselves to be defined by law. So the edges of our circles are extremely fuzzy. In fact, everytime someone throws a dart there is an immediate fuss as to whether the dart landed inside or outside of one or another of the circles.

So long as the players are willing to play, the game may continue. But scoring a clean hit will be rare indeed. The creation of an Iraqi law will be an event worth celebrating. But more likely one (or more) of the players will lose patience with the game, pick up a cue stick from the nearest billiards table and attempt to settle the dispute once and for all.

Yes, folks. The Iraqi constitution looks like the makings of a barroom brawl.


11:54 am - Edited to change "do not contradict" to "contradict" in the description of the dartboard circles.
 

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