AW: Iraq Constitution

[RJLipkin at aol.com]

In a message dated 8/29/2005 9:34:47 PM Eastern Standard Time,  
isomin at fas.harvard.edu writes:

More  broadly, anytime one makes a transition from an oppressive or
authoritarian  system to one that is at least relatively liberal and
democratic, it is  essential to cut off the path of retreat by ensuring
that the forces of the  old regime have no chance to return to power and -
even more importantly -  to create the perception among the population more
generally that such a  return has no chance.



This raises three  serious problems.  First, beaus it threatens (though of 
course does not  necessitate) a "reign of terror"--excessive and unjust 
executions, imprisonment,  and so forth--it is extremely dangerous.  Second, it might 
not show  mercy to those in the old regime who are committed to democratic 
change. And  finally, a constitutional democracy must permit a "return" (suitably 
 modified of course) to certain vforms of the old regime. In Iraq if a 
majority  chose Saddam Two--an individual with Baathist aspirations who is currently 
 guilty of no crimes foreign or domestic, isn't that constitutionally  
acceptable?
 
Bobby
 
Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware
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