'Rechtstaat' Aspirations Versus Accomplishments: Rethinking Recent Rule of Law Efforts In Iraq

ISIL Yearbook Of International Humanitarian And Refugee Law, Vol. VI, 2006

38 Pages Posted: 30 Oct 2019

See all articles by Kevin H. Govern

Kevin H. Govern

Ave Maria University - Ave Maria School of Law

Date Written: 2006

Abstract

This article will: Discuss the historical challenge to define, let alone achieve, rule of law or "rechtstaat," in general or to accomplish it in Iraq in particular; Examine Iraq's rule of law heritage, or lack thereof, and the constitutional, legislative, judicial and executive organs which must be supported to achieve the rule of law in Iraq; Discuss the evolution, rather than resolution, of rule of law challenges post 2003 in Iraq; and Propose criteria for Iraqi "rechtstaat" status - a baseline of security and order in Iraqi society, harmony if not unity of effort towards accomplishing identified rule of law objectives, and continuity of effort in the way ahead.

Keywords: Rechtstaat, Rule of Law, Iraq, US Government, Security, Society

JEL Classification: F51, F53, F55, K33, N15,

Suggested Citation

Govern, Kevin H., 'Rechtstaat' Aspirations Versus Accomplishments: Rethinking Recent Rule of Law Efforts In Iraq (2006). ISIL Yearbook Of International Humanitarian And Refugee Law, Vol. VI, 2006, Available at SSRN: https://ssrn.com/abstract=3473450

Kevin H. Govern (Contact Author)

Ave Maria University - Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States
(239) 687-5390 (Phone)

HOME PAGE: http://https://www.avemarialaw.edu/faculty/kevin-h-govern/

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