University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2007 Baghdad, Tokyo, Kabul: Constitution Making in Occupied States Tom Ginsburg Zachary Elkins James Melton Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Tom Ginsburg, Zachary Elkins & James Melton, "Baghdad, Tokyo, Kabul: Constitution Making in Occupied States," 49 William and Mary Law Review 1139 (2007). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. BAGHDAD, TOKYO, KABUL ...: CONSTITUTION MAKING IN OCCUPIED STATES ZACHARY ELKINS TOM GINSBURG JAMES MELTON* INTRODUCTION On October 15, 2005, Iraqis voted in overwhelming numbers to adopt a new constitution.' Although all hoped that the new docu- ment would mark a political settlement, the new constitutional structure has not been able to ameliorate, and may even have exacerbated, a problem of instability and political disintegration. At the very least, the constitution of Iraq--drafted under the Iraqi Governing Council of the occupying Coalition Provisional Authority2 -has not produced a political reconstruction of the society.3 * Respectively, Assistant Professor of Political Science, Professor of Law and Political Science, and Ph.D. candidate, University of Illinois, Urbana-Champaign. Ginsburg and Elkins are Directors of the Comparative Constitutions Project, https://netfiles.uiuc.edu zelkins/constitutions (last visited Feb. 22, 2008). Many thanks to Craig Martin and Mark Ramseyer for superb comments. Thanks also to audiences at the William & Mary School of Law Symposium on Constitution Making in Post-Conflict States, Creighton Law School Japanese Law Conference, and Harvard Law School.