MORE INFORMATION THAT IS USEFUL FOR ESSAY #4IRAQ'S CONSTITUTION IS INCOMPLETE
http://www.globalpolicy.org/security/issues/iraq/election/2005/1029incomplete.htmOn October 15, 2005, the Iraqi people voted on the fate of their new constitution. This is not their first written constitution, though it is their first somewhat popularly composed constitution. What was most feared did not materialize, and the Sunni Arabs failed to veto the document. Now that Iraq has a federal democratic system in place, a brief analysis of its main characteristics and their potential opportunities and risks for Iraq is warranted.
Federalism requires devolution of power from the local governments, where the sovereign power of the people is assumed to be located, to the central government, and a rigid division of power that cannot be easily amended. Such a design can only work with a relatively decentralized system of government, with a solid division of power between the central and regional authorities. Students of constitutional politics argue that federalism often incorporates a written constitution and a bicameral legislature where an upper chamber protects the interests of the provinces. Finally, a federal constitutional court, which works to protect federalism against the encroachments of the center, needs to be incorporated into the written constitution.
IRAQ: UNIFIED BY OIL?
http://www.globalpolicy.org/security/oil/2005/1014unified.htmIraq’s people vote on their draft constitution on 15 October. A single sentence in the document may be the key to its success, says Tamara Chalabi.
Hard times may still continue in Iraq. However, the hopes for social and political justice, as well as resolving the problem of federalism and containing the violent insurgency, might reside in chapter 4, article 109 of the draft constitution. It simply states that: “Oil and gas is the property of all the Iraqi people in all the regions and provinces”. Oil, owned by the people, can become the metamorphosing miracle that ensures the survival of Iraq’s fledging democracy.
The same land that invented the calendar and created the world’s first writing system can, thousands of years later, offer the world something equally inspiring: a new social contract that recognises that national resources are assets of society and not of the state. With such recognition, the perennial problem of rentier states can find a solution in a progressive, citizen-driven economic environment that ensures both prosperity and stability.
The way to implement Article 109 is the formation of a national oil holding company – an additional safety-valve against yet another arrogant authoritarian regime. It will be a guarantor of a healthy democracy. Such a holding company would issue every Iraqi woman, man and child the same number of shares – shares that are inalienable and non-transferable. Monthly, each citizen will receive an equal share of oil revenue (in essence a stock-dividend). There are many variations of this scheme; the exact details are yet to be figured out by the world’s best and brightest experts, but the principle is the most important point of departure.