February 9, 2011
Professor Haider Hamoudi has posted "Notes in Defense of the Iraqi Constitution," which he will publish in a forthcoming joint issue of the Penn Journal of International Law and the Penn Journal of Law and Social Change.
Abstract of the paper:
This paper is a defense of sorts of the Iraqi constitution, arguing that the language used in it was wisely designed to allow some level of flexibility, such that the constitution could evolve as social and political circumstances necessitated. The point is more than a theoretical one. Enormous changes in the political landscape and in understandings of popular will have occurred, and due to the flexibility of the language, the Constitution has not only survived them, but has had its own legitimacy considerably broadened as a result.
Link to SSRN to download paper