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Original contribution by Dr. Bawar Bammarny LL.M., research fellow in the Iraq Rule of Law Project at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and lecturer for Arabic public and private law at the University of Heidelberg.
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With the deposition of the totalitarian Saddam’s Baath Regime in 2003, Iraq was faced with the challenge of establishing the rule of law, taking into consideration Iraq’s particular political, ethnic and religious circumstances. Currently the rule of law in Iraq gives an example of the difference between theory and practice. The Iraqi Constitution of 2005 contains many provisions, which together are more than sufficient to ensure the attainment of the Rule of Law. However, the implementation of the rule of law is hampered by many obstacles. |
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I. Historical Background
The present-day Iraq covers the greater part of the territory of Mesopotamia. Here, the first laws of the world were adopted, and here the major schools of Islamic law emerged. Islamic law came to fruition in Iraq, especially during the Abbasid Empire (750-1258 AD), at a time when a constitutional law according to current understanding was unknown. Islamic law lacked a constitutional or legal code which settles constitutional issues. Islamic law was in general not a codified system according to the present Western pattern.
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