Constitutional Challenges to Rights and Freedoms in the 2009 Draft Constitution of Kurdistan

Abstract

Despite the hopes and aspirations borne by the 2009 draft constitution of the Kurdistan Region of Iraq, it faced significant constitutional challenges regarding rights and freedoms. These challenges may be due to the nature of the existing political system, which confers a federal character on the state. They may also be due to the failure to achieve full constitutional independence for the region as a region within Iraq. This has resulted in the problem of reconciling the Iraqi federal authority with the regional authority. This undoubtedly creates a conflict in the interpretation and application of rights and freedoms, creating a state of legal uncertainty, particularly in matters related to fundamental rights and freedoms, particularly in matters where rights and freedoms are more numerous in the draft constitution than in the permanent Iraqi constitution of 2005.