Rahman, H. (2026). Reasons for the absence of a constitution in the Kurdistan Region of Iraq and its obstacles during the period between 2005 and 2025 (An analytical study). , 16(Issue: 3), 1227-1260. doi: 10.37651/aujlps.2026.168531.1719
Hazhar Othman Rahman. "Reasons for the absence of a constitution in the Kurdistan Region of Iraq and its obstacles during the period between 2005 and 2025 (An analytical study)". , 16, Issue: 3, 2026, 1227-1260. doi: 10.37651/aujlps.2026.168531.1719
Rahman, H. (2026). 'Reasons for the absence of a constitution in the Kurdistan Region of Iraq and its obstacles during the period between 2005 and 2025 (An analytical study)', , 16(Issue: 3), pp. 1227-1260. doi: 10.37651/aujlps.2026.168531.1719
Rahman, H. Reasons for the absence of a constitution in the Kurdistan Region of Iraq and its obstacles during the period between 2005 and 2025 (An analytical study). , 2026; 16(Issue: 3): 1227-1260. doi: 10.37651/aujlps.2026.168531.1719
Reasons for the absence of a constitution in the Kurdistan Region of Iraq and its obstacles during the period between 2005 and 2025 (An analytical study)
Journal of Anbar University for Law and Political Sciences
Department of Legal Administration, Koya Technical Institute, Erbil Polytechnic University, Erbil, Iraq
Abstract
Crisis of the absence of a constitution constitutes the absence of many of the basic constitutional principles for the proper democratic management of any political system. The most important of these constitutional principles are the absence of popular sovereignty, as well as the absence of separation of powers, the absence of the rule of law, and the absence of constitutional guarantees that guarantee and protect rights and freedoms, not to mention the absence of accountability and oversight of the constitutionality of laws and the actions of the state or region’s administration. These constitutional principles within the state or region complement each other, and none of these principles can operate or influence in isolation from the rest of the other constitutional principles. Therefore, questioning the absence of a constitutional document is tantamount to the absence of the state itself, due to its mandatory importance for the successful management of any political system, as the constitutional document is the regulator of the relationship between the legislative, executive, and judicial institutions, and its absence constitutes chaos par excellence. In light of this, and within the framework of the monopoly and sharing of power, and the conflict and competition over positions, resources and gains within the Kurdistan Region between the two main parties, the Patriotic Union of Kurdistan (PUK) and the Kurdistan Democratic Party (KDP), and the rest of the other Kurdish political forces and the opposition, you find that the political system of the Kurdistan Region in general is characterized by monopoly,