What Comes To Pass

The Draft Constitution

Before everyone starts running around like idiots and decrying the lack of protection for women in the new Iraqi draft constitution I suggest they read the following articles:

Article 2
1 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.

...

Article (14): Iraqis are equal before the law without discrimination because of sex, ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status.

...

Article (16): Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary steps to achieve this.

There's no means by which the operation of Article 2.1(a) can contradict (b) and (c) which would guarantee a woman's right to vote.

Speaking as someone who got a 1st in Constitutional Law, that's about as watertight on the subject as you could ask a modern-day constitution to be. Albeit a seal which is achieved in a rather roundabout manner. 

Finally, the kicker:



1st — The president of the republic and the Cabinet together, or one- fifth of the members of the Council of Representatives, can suggest amending the constitution.



2nd — The basic principles of the constitution mentioned in Chapter One of this constitution cannot be amended, except after two consecutive parliament cycles and based on the consent of two-thirds of the members of the Council of Representatives, a public referendum and the endorsement of the president of the republic within seven days.




In other words, the only way through this is a coup and to be honest, if that were to happen a Constitution isn't going to do you much good anyhow.

(This post is submitted on the assumption that most people can divine the operation of the law from the above articles and that no exposition is necessary, I apologize if you can't - I'm very bad with this sort of thing, ie: waffling about Tax law when all someone asked was how to fill in their return form. If I ever worked in a citizen's advice bureau I'd probably end up stabbed by the customers.)

Later

John