The absence of the constitution and its impact on rights and freedoms in the Kurdistan Region of Iraq

Abstract

The constitution serves as the cornerstone of legitimacy for political entities. As the Kurdistan Region of Iraq evolved into a stable and independent entity Resolution No. (10) of (1992) marked a significant shift in its legal and political status. This transformation was further reinforced by the 2005 Constitution of the Republic of Iraq, which officially recognized the region and granted it the authority to draft its own constitution, provided it aligns with the Iraqi constitution. This research explores the implications of the absence of a constitution on rights and freedoms in the Kurdistan Region of Iraq, examining three key areas. The first highlights the significance of a constitution in the region's legal framework, the second analyzes the consequences of its absence on rights and freedoms, and the third discusses how a regional constitution can be structured to remain compatible with the Iraqi constitution. The study concludes with key results and conclusions