Title

Limitations on Government: A Comparative Constitutional Analysis of American and Iraqi Efforts to Preserve Liberty and to Protect Against Arbitrariness

Authors

Hemin Ibrahim Qadir

Document Type

Dissertation

Publication Date

12-2012

Abstract

This dissertation is a comparative study in constitutionalism, the historical process of limiting government powers to enable the people to be well served and protected in important aspects of their human dignity. The two constitutional systems explored here are those of the United States and Iraq.

People have to be guaranteed protection and the Constitution must restrict the government from being too powerful to enact whatever laws or acts they want. The United States of America passed through many stages from the colonial period until present day to limit government powers, to protect human rights, fundamental rights, natural rights, and to prohibit discrimination. The constitutional development in the United States achieved many goals such as prohibiting slavery, allowing women to vote, and putting human rights in the Constitution (Bill of Rights) via constitutional amendments.

Iraq also passed through many stages, from monarchy, dictatorship, powerful government, lacking freedom of speech, freedom of press, discrimination, lacking fundamental rights, and monopoly powers by one branch from the establishment of Iraq until today, but still there are many issues that need to be resolved because of a lack of trust between people, such as Kurds, Arabs Shia, and Sunni. While the United States and Iraq are different from each other, it is useful to examine how the United Sates managed to solve power monopoly, discrimination, slavery, women's right to vote, division of powers between central and state governments, and between the three branches of government, so that the same methods can be applied in Iraq. In the same way as these three powers in the United States check each other, Iraq can solve any problems that arise between the people and the government through limiting central government powers and establishing equal branches of government and ensuring that the people can practice their fundamental rights.

Comments

A Thesis Submitted to the Graduate Faculty, LL.M. program of The Valparaiso University Law School in U.S.A, in Partial Fulfillment of the Requirements for the Degree.

LL.M. MASTER OF LAWS

Valparaiso Law School

Fall - 2012

Recommended Citation

Hemin Ibrahim Qadir, Limitations on Government: A Comparative Constitutional Analysis of American and Iraqi Efforts to Preserve Liberty and to Protect Against Arbitrariness (Jan. 25, 2013) (unpublished LL.M. thesis, Valparaiso University School of Law) (available at http://scholar.valpo.edu/law_stu_pubs/1/).