Journal of college of Law for Legal and Political Sciences

Abstract

Summary

Kurdistan Region, as a legal and political entity has so long been, and is still suffering from a critical problem which is alien to democratic systems around the world. It still lacks the top law on the hierarchical legal system, i.e. the constitution. The intricacy of various relations and the dramatic developments that Kurdistan Region witnessed from the early 1990s up to now entailed the existence of a rigid and institutionalized legal regime that provides the possibility of good governance. The defect ensued by the lack of constitution is not confined to the constitution itself, it affects on the whole legal system of Semi-independent Kurdistan Region, leaving deep effect in all the Legal, political, social, economic levels. To build up a successful political and institutional experiment on the basis of democracy, good governance, and sustainable progress we need to establish the holding pillars that rest on a logical and modern premise that could grow up constantly. The gap left by having no constitution in force is so huge that so many guarantees of human rights, fundamental rights and freedoms would be missing or at least would be prone to be dangerously violated by the political power, including the government itself which tends almost always too arbitrarily and arrogantly rule and abuse the power.
So, the current study came as to shed the light on these gaps and manifest the necessity of constitution in particular for Kurdistan Region and its constitutional and legal future.