POLS102: How Are We Governed 2

Introduction to Current Events

• Discussion about Donald Trump, his actions, and implications for American citizens and international relations.

• Potential course interest among students on this topic.

Course Logistics

• Assignment 2 will be available immediately after class, aimed at giving students a chance to receive feedback on their essay topics.

Overview of Constitutions

• Focus on the discussion of constitutions, their significance, and how they relate to political structures like presidencies and parliaments.

• Introduction to the concept of constitutional engineering, particularly how constitutions are often written in crises.

Historical Context of Constitutions

• Reference to the American Constitution, created post-Shays' Rebellion.

• Case study of Iraq's Constitution, highlighting political instability and the need for a sound government in crisis.

Constitutional Engineering

• Definition: Crafting a constitution aimed at addressing societal issues and minimizing conflict.

• Constitutions typically emerge from periods of crisis, necessitating compromises, sometimes resulting in problematic governance structures.

Political Philosophy in Constitutions

Thomas Hobbes

• Hobbes' view of the 'state of nature': chaotic and violent, leading to the need for a social contract.

• Argues for absolute sovereignty, establishing authority to avoid conflict.

John Locke

• Contrasts Hobbes, asserting that humans in a state of nature are equal with inherent freedoms.

• Advocates for a social contract requiring consent of the governed; emphasizes protection of natural rights.

• Influences documents such as the Declaration of Independence and the American Constitution.

Purposes of a Constitution

1. Establish Government Structure

   • Defines institutions like the Senate and House of Representatives, their terms, and roles.

2. Limit Government Power

   • For example, the Bill of Rights in the U.S. Constitution curtails governmental authority.

3. Outline Citizens' Rights and Duties

   • Defines citizen responsibilities and rights, which vary by country.

New Zealand's Unwritten Constitution

• New Zealand lacks a single written constitution, making it unique among the countries with unwritten constitutions.

• Sources include:

  • Royal prerogative powers.

  • Statutes with constitutional significance (e.g., Constitution Act).

  • Convention-based practices complementing written statutes.

Importance of Conventions in Governance

• Conventions dictate political behavior often based on tradition or established norms, as seen with Trump's disregard for releasing tax returns.

• In unwritten constitutions, adaptability through convention allows for more flexible governance but can complicate accountability.

Constitutional Engineering in Iraq

Context of Iraq's Constitution

• Written post-U.S. invasion with the aim of establishing quick stability to facilitate American withdrawal.

• American influence heavily impacted the constitutional convention, raising concerns about legitimacy.

Ethnic and Sectarian Divisions in Iraq

• Iraq's population is divided into Shia and Sunni Muslims, along with Kurds.

• The legacy of Saddam Hussein's governance exacerbated sectarian tensions and distrust.

Election and Composition of the Constitutional Convention

• Sunni boycott during elections resulted in a constitution primarily drafted by Shia and Kurdish representatives.

• Lack of Sunni participation weakened the constitution's acceptance and unity.

Contentious Issues in Constitutional Drafting

1. Islam vs. Democracy

   • Article 1 establishes democracy, while Article 2 affirms Islam as a source of legislation, creating a balance but also tension.

2. Women's Rights

   • The constitution guarantees some rights for women, including reserved legislative seats, promoting gender equality in political representation.

3. Ethnic Inclusion

   • Kurdish and Arabic recognition, and provisions for education in multiple languages ensure ethnic representation.

Central vs. Regional Authority

• Central authority defined with limited powers (e.g., foreign affairs, defense), allowing significant autonomy to regional governments.

• Potential instability arises from the decentralized nature of power, making it difficult to implement cohesive policy.

Challenges in Iraq's Governance Post-Constitution

• Continual divisions among ethnic groups have perpetuated conflict.

• Political representation remains skewed and contentious, particularly disadvantaging Sunnis.

Conclusion

• Constitutional engineering is a complex and often contentious process, particularly in nations facing significant ethnic and political divisions.

• The ongoing need for compromise and clarity in governance structures highlights the challenges faced by Iraq since the promulgation of its constitution.