FROM THE EDITORS
THE SENSE OF anticipation is palpable among delegates to the constitutional assembly. Dignitaries, average citizens, academics, religious scholars and community leaders—many elected by their respective constituencies to represent them—gathered for what is an historic occasion. Consensus is reached on the structure of government and a constitution guaranteeing, among other things, rights for all, freedom of religion, and an independent judiciary. Pen is put to paper, signatures are collected, and a simple document becomes a beacon of hope in a land once tyrannized. The setting is not Philadelphia 1787 or Warsaw 1791; this is Afghanistan 2003 as Pashtuns, Tajiks, Hazaras, Uzbeks, and others representing the breadth of Afghanistan's diverse society, convene a Loya Jirga to agree on a new constitution.
But even this watershed in constitutionalism is not the most recent. When members of the Iraqi Governing Council signed the Transitional Administrative Law, establishing a legal framework for Iraq's transition to a democratically elected sovereign government, their country rejoined the family of nations ruled by law. The interim constitution—unprecedented for Iraq—guarantees basic rights to all Iraqis—including women—and enshrines freedoms long treasured by the world's democracies.
We have attempted in this journal to present the reader with several perspectives on constitutionalism, key components of a successful constitution, and the experiences of various nations throughout history in crafting constitutions uniquely their own. Among our contributing authors are some of America's leading authorities on constitutional law. We are particularly honored to include remarks by a sitting justice of the United States Supreme Court. Because the U.S. Constitution has served as a source of inspiration for drafters of constitutions around the globe, we begin with an essay that explains why it has become what contributing author Albert Blaustein calls "America's most important export."
Associate Supreme Court Justice Sandra Day O'Connor, in remarks to the Arab Judicial Forum, elaborates on the importance of an independent judiciary to the strength of democratic rule and efforts in the Arab world to ensure such judicial independence. Constitutional scholars A.E. Dick Howard and Herman Schwartz bring their own experiences as advisers to drafters of constitutions the world over to their essays on the basic building blocks of constitutions and the influential role the U.S. Constitution continues to play. Scholar Vivien Hart relates the experience of South Africa and how its constitution building process became a unifying force in a country once sharply divided along racial lines. We end with a conversation with noted legal scholar Noah Feldman as he relates his personal experiences with newly established constitutional documents in Iraq and Afghanistan, including an assessment of the compatibility of Islam and constitutional democracy.
As democracy spreads throughout the world, future drafters will look to existing constitutions for guidance. They must keep in mind that there is no simple model and no one framework is necessarily entirely applicable to all countries. We invite readers to continue their exploration of this dynamic subject by visiting the links included in the resources section. We hope this journal will provoke discussion among our readers on the nature of democracy and the role of constitutions within it.