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Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Articles
Nearly six years after the enactment of Iraq’s final constitution, the Federal Supreme Court of Iraq has yet to render a single ruling respecting the conformity of any law to the “settled rulings of Islam” despite being empowered to do precisely that under Article 2 of the Iraqi Constitution. This so-called repugnancy clause is swiftly devolving from a matter that was of some importance during constitutional negotiations into one that is more symbolic than real – an assertion of identity, primarily of the Islamic variety (though when combined with Article 92, to some extent of the Shi’i Islamic variety) – …
Identitarian Violence And Identitarian Politics: Elections And Governance In Iraq, Haider Ala Hamoudi
Identitarian Violence And Identitarian Politics: Elections And Governance In Iraq, Haider Ala Hamoudi
Articles
This Essay, originally published in a 2010 issue of the Harvard International Law Journal (Online), maintains that it is a mistake to ask whether or not the United States was wise to have "allowed" elections in Iraq as early as it did following its overthrow of the Saddam Hussein regime in 2003. Such a question presumes an absence of domestic agency that was certainly not the case in Iraq, and is probably not the case in any modern society under occupation. Domestic demands coming from domestic forces seeking to shore up their own power base almost necessitated the outcome of …