Legal actions taken by the Iraqi federal government against the demands of the separatist Kurds
- Author:
- Sareh Saad Abdolvahed Abdolaah AL-Masoodi
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Mohammad Javad Nourozi
The rules and principles on which the success of this system is based have always been vague and complicated for many Iraqis, both elites and the masses, rather, it may have been violated because of the association of these rules with incorrect concepts, such as the connection between federalism and division, and the connection between consensual democracy and public participation. This has put political activity in Iraq in a direction that distorts the nature of the federal system and does not meet the requirements for success. There has been a lot of discussion about federalism among scholars inside and outside Iraq that has covered many topics, but consensual democracy and its real achievements in Iraq have led to a tendency towards federalism, which itself has problems and requires executive guarantees. The governmental order is not limited to ordinary rulings. The best evidence for this is that the Iraqi Federal Supreme Court accepted the request of the former Prime Minister to issue a governmental order to suspend the implementation of the order issued by the KRG No. 106 regarding the referendum on the separation of KRG and some disputed areas such as Kirkuk province. The court accepted the request and suspended the referendum, declaring it a clear threat to the unity and independence of the state and a threat to social peace. In addition, such a statement is contrary to the 2005 Iraqi constitution. This is nothing new in terms of applying it on the Iraqi government.