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Monday, January 26, 2004 |

Iraq constitution stalled by election demand
Bernard Hibbitts at 8:55 AM ET

New York Times: "A powerful cleric's demand for quick elections has delayed the drafting of an interim constitution and created a serious new split in the Iraqi Governing Council, officials said Sunday, further undermining the Bush administration's troubled plan for a political transition in Iraq."
The current deadline for the drafting of an interim Iraqi constitution is February 28, pursuant to the terms of the November 15 Agreement on Political Process between the Coalition Provisional Authority and the Iraqi Governing Council. Under that document, the interim Iraqi "Fundamental Law" will include these elements:- Bill of rights, to include freedom of speech, legislature, religion; statement of equal rights of all Iraqis, regardless of gender, sect, and ethnicity; and guarantees of due process.
- Federal arrangement for Iraq, to include governorates and the separation and specification of powers to be exercised by central and local entities.
- Statement of the independence of the judiciary, and a mechanism for judicial review.
- Statement of civilian political control over Iraqi armed and security forces.
- Statement that Fundamental Law cannot be amended.
- An expiration date for Fundamental Law.
- Timetable for drafting of Iraq’s permanent constitution by a body directly elected by the Iraqi people; for ratifying the permanent constitution; and for holding elections under the new constitution
The Council on Foreign Relations offers a backgrounder on the Iraq transition process as envisaged in November.


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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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