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["Melody O." <melody AT crecon.com>]

In copying and pasting the last post, much was included that I hadn't
realized was highlighted to paste.  This is my commentary without the
entire constitution.

This is a site containing the Iraqi Constitution: 
http://www.cpa-iraq.org/government/TAL.html

This is a site containing commentary on the Iraqi Constitution.  I have not
read through the entire thing so cannot say that I agree or disagree with
their findings:
http://www.geocities.com/nathanbrown1/interimiraqiconstitution.html

And this is *my* commentary of sections of their Constitution:

}Article 7.

}A)       Islam is the official religion of the State and is to be
considered a }source of legislation.  No law that contradicts the
universally agreed tenets }of Islam, the principles of democracy, or the
rights cited in Chapter Two of }this Law may be enacted during the
transitional period.  This Law respects the }Islamic identity of the
majority of the Iraqi people and guarantees the full }religious rights of
all individuals to freedom of religious belief and }practice. 

"No law that contradicts the principles of democracy can may be enacted
during transitional period."  So they don't have a choice at the form of
government 
that they have been given. 

"Islam is the official religion of the State and is to be considered a
source of legislation."  So they don't have choice of religion; religion is
set up as religion of the State and must be considered when making laws.
Take a look through history at what happens when an official religion
occurs.  The people not only have to worry about breaking the law, but
religious leaders will incorporate obedience to the law as part of their
belief system; breaking the law will result in some form of eternal hell.

}Article 1
}The document specifies that the use of the masculine includes the
feminine.  }(Arabic is a much more strongly gendered language than English,
and nouns, }verbs, and adjectives all indicate gender.  The masculine is
generally used }not only for men but also for cases in which gender is
unspecified.)  Thus, }this provision makes explicit what might otherwise be
only implicit: that }every reference to an "Iraqi," "citizen," or
"individual" in the masculine }refers to women as well as men.  This
provision seems to be adopted from the }draft constitution for a
Palestinian state.  Juan Cole and Shahin Cole have }written a general
analysis on gender issues related to the constitution.

So does this statement: "Thus, this provision makes explicit what might
otherwise be only implicit: that every reference to an "Iraqi," "citizen,"
or "individual" in the masculine refers to women as well as men." go along
with the same Islam that makes women cover their head and never make eye
contact with a man?  I hardly believe that.  And since no legislation,
including a Constitution I suppose, can go against the state religion of
Islam, I conclude that the state will need to change a few things about the
Islam religion.

}Article 12.

}All Iraqis are equal in their rights without regard to gender, sect,
opinion, }belief, nationality, religion, or origin, and they are equal
before the law.  }Discrimination against an Iraqi citizen on the basis of
his gender, }nationality, religion, or origin is prohibited.  Everyone has
the right to }life, liberty, and the security of his person.  No one may be
deprived of his }life or liberty, except in accordance with legal
procedures.  All are equal }
}before the courts.

I suppose that this doesn't contradict Islam, eh?

}(F)       Each Iraqi has the right to freedom of thought, conscience, and
}religious belief and practice.  Coercion in such matters shall be
prohibited. 

And I suppose that a state religion doesn't constitute "coercion", does it?

}Article 14.

}            The individual has the right to security, education, health
care, }and social security.  The Iraqi State and its governmental units,
including }the federal government, the regions, governorates,
municipalities, and local }administrations, within the limits of their
resources and with due regard to }other vital needs, shall strive to
provide prosperity and employment }opportunities to the people.

Glad to see that the breads and circuses that goes along with democracy has
already been established.  No citizen should be neglected "prosperity and
employment opportunities to the people" by the government, should they?  

}(B)

} Police, investigators, or other governmental authorities may not violate
the }sanctity of private residences, whether these authorities belong to
the }federal or regional governments, governorates, municipalities, or
local }administrations, unless a judge or investigating magistrate has
issued a }search warrant in accordance with applicable law on the basis of
information }provided by a sworn individual who knew that bearing false
witness would }render him liable to punishment.  Extreme exigent
circumstances, as determined }by a court of competent jurisdiction, may
justify a warrantless search, but }such exigencies shall be narrowly
construed.  In the event that a warrantless }search is carried out in the
absence of an extreme exigent circumstance, the }evidence so seized, and
any other evidence found derivatively from such }search, shall be
inadmissible in connection with a criminal charge, unless the }court
determines that the person who carried out the warrantless search }believed
reasonably and in good faith that the search was in accordance with }the law.

LOL! This one had to be put in by the Bush administration!  You are
guaranteed right to privacy-one *must* have a warrant to search and seize
your property *UNLESS* the court believed that the *UNLAWFUL* search was in
accordance with the law.  

}Article 17.

}            It shall not be permitted to possess, bear, buy, or sell arms
}except on licensure issued in accordance with the law.

>From what I have read, they were more free under Saddam on this one.

}Article 20.

}(A)       Every Iraqi who fulfills the conditions stipulated in the
electoral }law has the right to stand for election and cast his ballot
secretly in free, }open, fair, competitive, and periodic elections.

}(B)       No Iraqi may be discriminated against for purposes of voting in
}elections on the basis of gender, religion, sect, race, belief, ethnic
origin, }language, wealth, or literacy.

My question about women voting has been answered.

  
 }Article 22.

 }           If, in the course of his work, an official of any government
}office, whether in the federal government, the regional governments, the
}governorate and municipal administrations, or the local administrations,
}deprives an individual or a group of the rights guaranteed by this Law or
any }other Iraqi laws in force, this individual or group shall have the
right to }maintain a cause of action against that employee to seek
compensation for the }damages caused by such deprivation, to vindicate his
rights, and to seek any }other legal measure.  If the court decides that
the official had acted with a }sufficient degree of good faith and in the
belief that his actions were }consistent with the law, then he is not
required to pay compensation.
 
They will be governed by the rule of man, not law.  How much
power/prestige/ or money would a man need to have a judge decide that the
person acted in good faith and thought to be consistent with the law?  

}B)       It is a prerequisite for a member of the Presidency Council to
}fulfill the same conditions as the members of the National Assembly, with
the }following observations:

}(1)        He must be at least forty years of age.

}(2)        He must possess a good reputation, integrity, and rectitude.

Commenting on #2.  He must posses a good reputation?  According to whom?
He has to possess integrity?  Again, according to whom?  And as for
rectitude, the definition being: "Moral uprightness; righteousness. 
The quality or condition of being correct in judgment. 
The quality of being straight."  Again, according to whom?

What kind of garbage is that?  A person's reputation, integrity, and
rectitude?  By whose determination?  I'm sure that you could find someone
who thinks that Saddam fulfilled this criteria, and you could find others
that think that Ghandi didn't.  It is opinion.

}Article 43

}(B)       All judges sitting in their respective courts as of 1 July 2004
will }continue in office thereafter, unless removed from office pursuant to
this }Law.

}Article 47.

}            No judge or member of the Higher Juridical Council may be
removed }unless he is convicted of a crime involving moral turpitude or
corruption or }suffers permanent incapacity.  Removal shall be on the
recommendation of the }Higher Juridical Council, by a decision of the
Council of Ministers, and with }the approval of the Presidency Council.
Removal shall be executed immediately }after issuance of this approval.  A
judge who has been accused of such a crime }as cited above shall be
suspended from his work in the judiciary until such }time as the case
arising from what is cited in this Article is adjudicated.  }No judge may
have his salary reduced or suspended for any reason during his }period of
service.

So just try to remove a judge that has been hand picked.

I still believe that this Constitution is a charade.  The election is a
charade.  All belief that the Iraqis will be able to live their religion
the way it is currently being lived is also a charade.

I also do not believe that the United State's AKA Bush Administration is
just a benevolent organization setting up a form of government in the best
interest of the Iraqis, nor do I believe that the reason we are occupying
Iraq is for the good of their people.  I believe that we are there for
selfish purposes, and the rest is propaganda to make our people have
warm-fuzzies about the war.

Best wishes,
Melody