Constitution Making Under Occupation

The Politics of Imposed Revolution in Iraq

Andrew Arato

Columbia University Press

Constitution Making Under Occupation

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Pub Date: March 2009

ISBN: 9780231143028

376 Pages

Format: Hardcover

List Price: $70.00£54.00

Pub Date: March 2009

ISBN: 9780231512435

376 Pages

Format: E-book

List Price: $69.99£54.00

Constitution Making Under Occupation

The Politics of Imposed Revolution in Iraq

Andrew Arato

Columbia University Press

The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference.

As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy.

Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.
A comprehensive treatment of comparative constitutionalism...recommended. Choice
Preface
1. The Externally Imposed Revolution and Its Destruction of the Iraqi State
2. Postsovereign Constitution Making: The New Paradigm (and Iraq)
3. Sistani Versus Bremer: The Emergence of the Two-Stage Model in Iraq
4. Imposition and Bargaining in the Making of the Interim Constitution
5. The Making of the "Permanent" Constitution
Conclusion
Notes
Index

About the Author

Andrew Arato is Dorothy Hart Hirshon Professor of Political and Social Theory at the New School for Social Research and founding editor of the journal Constellations. He has advised constitution makers in Nepal and the Hungarian parliament, and his books include Civil Society and Political Theory; Civil Society, Constitution, and Legitimacy; From Neo-Marxism to Democratic Theory; The Young Lukács and the Origins of Western Marxism; and Habermas on Law, Democracy, and Legitimacy.