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Iraqi Constitution ( A Divided Future )

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Iraqi Constitution (A Divided Future)
Abstract

The Iraqi election in 2005 is viewed by most as a success for the Kurds, they won the large number of seats as an appositive and deserved outcome. However, many obstacles stand in the way of their autonomy. These include the style of government in Iraq, as many, including the Arabs and Turkmen of Kirkuk, oppose the federal state structure. In addition, the claim of Kirkuk has instilled fear among Iraq’s neighbours and poses a threat to the future of the Iraqi State itself. The city has become a source of ethnic-sectarian conflicts, as well as the possibility of a regional conflict. This article explains that, what would happen if Iraq proves to be a failed State that cannot sustain a federal democracy? Rather, it will explain that whether federalism will become the road to secession for the Kurds, as the language of the new constitution is problematic and illustrates a lack of sophistication in constitutional writing.

KEYWORDS: Iraqi Constitution, Federalism system, Secession, Article 140 other contested Articles.

I. Introduction

In post-Saddam Iraq, the Iraqi Kurds have managed to gain formal limited autonomy in the form of the IKR within the Iraqi State, as stipulated in the constitution. Today, the IKR rules much of the Kurdish areas of Iraq and the Kurdish Parliament exercises significant legislative powers. The region of Kurdistan after Operation Iraqi Freedom (OIF) in 2003 has been recognised as a

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