Iraqi constitutionalism (one day, Iraqi time, to go)

[Mary Dudziak]

I've only dipped in occasionally on these posts, so sorry if this has 
been gone over before.  To answer Lynne's question re: Japan, Gen. 
Douglas MacArthur gave his U.S. Army staff a week to write a 
constitution for Japan, which was then given to the Japanese, who 
were pressured by the U.S. to adopt it.  This is discussed 
beautifully in John Dower, Embracing Defeat:  Japan in the Wake of 
World War II.  So -- yes, there was a short time limit, but for other 
more glaring reasons, the experience in Japan is not what we want to 
repeat in Iraq.

Mary Dudziak

At 05:53 PM 8/13/2005, Lynne Henderson wrote:
>Again, I ask a question I have asked earlier--did we set time limits 
>on Japan and Germany in writing their constitutions after WWII? 
>(These seem to me to be the most comparable, as  the U.S. was 
>victorious  and occupying at least part of  the countries 
>involved),   The Germans certainly had some experience with a 
>written constitution and may have been up to speed, but for the 
>Japanese, a constitution in the Western sense was a new concept and 
>way of thinking.  It is ironic that our government seems ot think 
>"democracy", "freedom," and constitutions just are obvious to anyone 
>and easily accomplished.
>Respectfully, I don't think publicity has much to do with  the 
>problems in drafting an Iraqi consttitution--unless there is far 
>more coverage of the negotiations in the Iraqi press than I am aware 
>of. (Although perhaps the return to religious law and its 
>implications for women has caused problems, and an analogy might be 
>drawn to our own founder's eliding the issue of slavery, the real 
>issues--women's issues are *never* decisive  in history thus 
>far--are "federalism" and the power of the Kurds and Shi'ites over 
>the the Sunni and economy . . . .) The coverage in this 
>country  hasn't exactly been prominent, except for brief mentions of 
>the President said X, the US said Y , the ambassador is pressuring 
>and making suggestions, etc.
>
>Lynne Henderson
>
>Prof. Lynne Henderson
>
>On Aug 13, 2005, at 4:17 PM, guayiya wrote:
>
>>I am reminded of Madison's remark that had the Convention not been 
>>secret, no Constitution would have emerged.  Are the media and our 
>>gossip making a Founding myth impossible?
>>Daniel Hoffman
>>
>>Sanford Levinson wrote:
>>
>>> From tomorrow's New York Times.  Again, I ask why the US 
>>> considers Monday a "sacred" date.  Is it because of 1) a sober 
>>> belief that it is truly best for the Iraqis to rush toward some 
>>> gerry-built incomplete "constitution" or 2) the deserate desire 
>>> of the Bush Administration to declare that "progress is being 
>>> made"?  Unfortunately, I view this as a rhetorical 
>>> question.  Does anyone seriously believe that 1) is the correct answer?
>>
>>>
>>
>>>sandy
>>
>>>
>>
>>>
>>
>>>
><br>
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Mary L. Dudziak
Judge Edward J. and Ruey L. Guirado Professor of Law, History and 
Political Science
University of Southern California Law School
Los Angeles, CA   90089-0071
phone:  213.740.4789
fax:  213.740.5502
e-mail:  mdudziak at law.usc.edu 
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