An article by member Haider Ala Hamoudi (University of Pittsburgh - School of
Law), 'Thinking
Beyond the Original Bargain: Post Ratification Constitution Making and the Case
of Iraq', has recently been made available on SSRN's Islamic Law & Law of the Muslim World eJournal:
This paper, submitted in connection with a panel at the American Political
Science Association Annual Meeting, explores some of the implications of
regarding a constitution making exercise as not merely the enactment of a
particularly important piece of legislation, but rather the establishment a
broad and long lasting national compact. In a society such as Iraq, which is not
only divided, but where different communities have radically different visions
of an ideal state order, such high stakes can be impossible to manage. As such,
one way to address the problem of constitution making in such contexts is to
embrace ambiguity and deferral as means to reach consensus among sharply divided
communities, thereby creating space for future (partial) resolution of existing
disputes. This paper explores representative examples where such efforts have
been undertaken in Iraq, and the extent to which they have been successful.
Hamoudi also has his own Blog, Islamic Law in Our Times.
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