Constitution mania sweeps planet
Despite Iraq`s troubled efforts to craft a government, the world today is in a golden era of national constitutionmaking. From ex-Soviet nations shedding communist-era laws to candidates for European Union membership buffing credentials, and developing countries striving for internal reconciliation, states everywhere are looking to these thin documents as a powerful symbol of political legitimacy. Since the 1980s, some 100 national constitutions - about half the globe`s total - have been created, rewritten, or substantially revised. But there`s at least one difference between the constitutions of today and those that are hundreds of years old. In the past, framers often had sharp differences but also shared visions. Think Philadelphia in 1787, when all knew they wanted a democratic, liberal state.
By contrast, the framers of today are often just looking for a way of living together without major disagreements. They want to manage differences as much as settle them. "New constitutionalism is a conversation, conducted by all concerned, open to new entrants and issues, seeking a workable formula," concludes a United States Institute of Peace (USIP) special report on democratic constitutionmaking. It is by no means sure that Iraq has reached a workable formula, following the proposed constitution`s rejection by Sunni negotiators. In the upcoming Oct. 15 referendum, the constitution can be defeated if two-thirds of the voters in any three provinces vote it down. Sunnis have a majority in at least four provinces. President Bush hailed the document as something of which Iraqis can be proud. Some Democrats were more pessimistic.
Whether it does or not, constitutions are still a booming business. There are now at least 185 in the world, according to John Paul Jones, a University of Richmond law professor who maintains a website with the text of national constitutions. And more pop up every year. Qatar finished a rewrite recently, for instance. Kyrgyzstan will probably start one soon.
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