Unveiling the Untold Story: Constitution Making Under Occupation

Constitution-making is a daunting task for any nation, bound by numerous challenges and intricate deliberations. However, what happens when constitution-making takes place under occupation? This article uncovers the untold story of constitution-making processes observed during periods of occupation, where the occupying power heavily influences, restricts, or manipulates the formation of a nation's constitutional framework.

The Context of Occupation

An occupied territory refers to a geographical area where an external force exercises control and authority. This can result from military conquest, colonization, or other forms of control. Constitution-making under occupation involves particular struggles and complexities due to the interference and dominance of the occupying power, which stifles the aspirations of self-determination and undermines democratic processes that should accompany a constitution's creation.

Constitution Making Under Occupation: The Politics of Imposed Revolution in Iraq (Columbia Studies in Political Thought / Political History)

by Andrew Arato (1st Edition, Kindle Edition)

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Language	:	English
File size	:	915 KB
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The Challenges of Constitution Making Under Occupation

Constitution-making under occupation confronts a variety of unique obstacles that impede the realization of a truly representative and inclusive constitutional framework. These challenges include:

• Limited autonomy and self-governance
• Occupying power's influence and interference
• Restrictions on political participation and civil liberties
• Fragmentation of society and divisions
• Fear and intimidation tactics

Case Studies

1. Palestine

Since the Israeli occupation of Palestinian territories, the creation of a Palestinian constitution has been hindered by multiple factors. The occupier's control over key aspects of governance, land, and resources restricts the Palestinians' ability to exercise their right to self-determination. Additionally, the occupying power's imposition of laws and policies that discriminate against Palestinians further undermines their efforts towards constitution-making and the establishment of an independent state.

2. Iraq

Following the 2003 United States-led invasion, Iraq encountered significant challenges in creating a new constitution. Sectarian divisions exacerbated by the occupation, along with external influences, impeded the formation of an inclusive and cohesive constitution. The occupying power's missteps in administering the country added to the difficulties, leading to a fragmented society and further hindering genuine constitution-making processes.

Strategies for Overcoming Occupation-Imposed Obstacles

Despite the immense obstacles, nations under occupation have devised strategies to navigate the constitution-making process and assert their aspirations for self-determination. These strategies include:

1. Building inclusive coalitions
2. International support and engagement
3. Engaging civil society
4. Forming transitional administrations
5. Resilience and perseverance

The Way Forward

Constitution-making under occupation remains fraught with challenges, raising questions about the legitimacy and effectiveness of resulting constitutional frameworks. However, the struggles faced by nations under occupation have sparked discussions and prompted global recognition of the need to protect and support constitution-making processes in these contexts.

The international community must exert pressure on occupying powers to respect the right to self-determination and refrain from interfering in constitution-making efforts. It is crucial to ensure that nations under occupation receive the assistance needed to develop inclusive and representative constitutional frameworks for a better future.

The path towards constitution-making under occupation is a treacherous one, marred by external influences and imposed limitations. This article aimed to shed light on the struggles faced by nations striving for self-determination under occupation, emphasizing the need for international support and efforts to overcome the challenges. By understanding these dynamics, we can advocate for a more just and democratic process for constitution-making, ensuring that all voices are heard and valued.

Constitution Making Under Occupation: The Politics of Imposed Revolution in Iraq (Columbia Studies in Political Thought / Political History)

by Andrew Arato (1st Edition, Kindle Edition)

5 out of 5

Language	:	English
File size	:	915 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	378 pages

FREE

The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference.

As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy.

Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.