The Legislation; Good Enough??
  Although it is still a draft, but the new legislation has aroused much discussion around it, whether between the Iraqis themselves, or between others. I will not write the Legislation here, for two reasons: One; It is too long for a single post. Second; It has been written in many places in the net, whether in Arabic or in English. Personally I think that the Legislation is not yet good enough to be the law in Iraq. But with a little more effort it could become good enough to work out.
But it is going to be very hard to get that legislation to be win the voting, I have made the math for the process to work. The legislation is going to need 12 million people to vote for it to be accepted, while on the other hand, 2 million people can get it un-accepted. Because it can get un-accepted if only two thirds of the population of three states voted against it. One reason of why that is going to be difficult to achieve, is that most Iraqis think that the legislation, once accepted, there is no way to change it except by changing the government. Yes although the court should have the power to change some parts of the legislation, but who knows about that. NO ONE.
The reason for such ignorance is that for more than 30 years the court had almost no power in Iraq, and was not independent, on the contrary Saddam could easily reach any judge he had in mind and make all the decisions he wanted, so there was no way for a court to change the legislation he wrote. Now thirty years after, still no one actually realizes how much powerful a court can be, because even now we still can't get the hand of justice to reach everyone, or protect them. I'll give an example; My aunt's husband is a doctor at the Abo-Graib hospital, a few weeks ago he made an operation for a woman, although the operation went well, the woman had some side effects after the operation, which could have been resolved after another operation. He informed the family of the woman, and he told them another doctor that could do the job, instead they went to another doctor which told them that the first operation was not successfully. So they went to him and threatened to kill him unless he paid a ransom of 4 million denars, although he paid that ransom, they still told him that they will come back to him and kill him if the woman dies. Sad to say there is no use to go to the police or the court, none could help him, now his options are limited to either leaving his country or go work elsewhere without his name spreading out, both options includes giving up his career at the hospital.
Note: This post has been emailed to my Email List subscribers.
12 Comments:
I hate those people who did this and hope that they'll be punished one day...
If you are talking about your constitution, there is probably a way to change it written into the draft.
Here in the United States, we call changes to our constitution, "amendments." Our constitution, written in 1787, specifies the process by which an amendment can be ratified. When an amendment is ratified, the constitution is changed.
For instance, your constitution might specify that it can be changed by a 2/3rds vote of the legislatures of 3/4th of your states. (That is only an example.)
This way, it is not overly simple to change your constitution, but it's also not impossible if a change is needed.
It is a lot more work than when Saddam was the constitution and he could change his mind whenever he had the hiccups. This time, it's going to be the decision of you and your countrymen (and women), or the people you elect.
Hi Hassan,
We learned a hard lesson in Canada ten years ago about how much discord you can create by voting down something as big as a constitution. I hope Iraq does not travel this same path.
The constitutional draft as it stands today isn't perfect, but it looks reasonably good. Even if they don't fix all the problems by the final draft, I think it looks good enough now that I'd personally vote "yes" if I were living over there. They can always fix the deficiencies in later amendments to the constitution.
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