With respect to the Iraqi Transitional Constitution,
http://news.findlaw.com/cnn/docs/iraq/30804interimconst.html
Article 48 deals with the trial of Sadam (re:  human rights violations)
http://www.cpa-iraq.org/audio/20031210_Dec10_Special_Tribunal.htm
and over rules Article 15(A) (i.e., no ex post facto laws).  Perhaps that
is why Article 1(C) makes the Preamble a part of the Constitution.

      If you search the string "31 D", then I believe you will see that in
the several Articles that contain the date 31 December, the drafter's
optimism has led them to create a Florida problem (i.e., speed over
accuracy).

      I do not read, but then again unlike some clerics I have not pledged
my life to Allah to always see the sharia everywhere I look, Article 7 as
establishing sharia.  As far as I can tell, one only can argue their are
"universally accepted tenets of Islam" by asserting that any one who
disagrees with the speaker is not part of Islam.  However, I predict that
all material qualifiers reducing the sway of sharia will be eliminated in
the permanent Constitution.  Particularly that nasty Chapter 2 bill of
rights that includes Article 12 saying women are human.

      The largest flaw in the transitional Constitution might be necessary
in a transitional Constitution, but definitely would be a huge flaw in a
permanent Constitution.  Article 31(B)(6) is but one example of the right
to participate in the political process being predicated upon having a
"good reputation".  Since potential office holders are not qualified to run
for election without a good reputation, who ever gets to decide if a
candidate has a "good reputation" gets to decide the election.  Can you say
"Iran"?

Michael

Professor Michael J. O'Hara, J.D., Ph.D.
Finance, Banking, & Law Department
College of Business Administration
Roskens Hall 502
University of Nebraska at Omaha
Omaha  NE  68182
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(402) 554 - 2823 voice  fax (402) 554 - 2680
http://cba.unomaha.edu/faculty/mohara/web/ohara.htm