The Kurdish Regional Constitution within the Framework of the Iraqi Federal Constitution: A Struggle for Sovereignty, Oil, Ethnic Identity, and the Prospects for a Reverse Supremacy Clause
Michael J. Kelly
Creighton University School of Law; American Society of International Law
May 15, 2010
Penn State Law Review, Vol. 114, No. 3, pp. 707-808, 2010
The Kurdish Regional Government has drafted a new constitution that must co-exist with the Iraqi Federal Constitution. While, legally, not unlike the relationship between state and federal constitutions within the U.S., politically, the relationship could not be more different. The president of the Kurdistan region maintains a standing military and formidable intelligence services, and controls vast oil and gas resources. He also maintains bilateral relations with other states in the region. The author was privileged to have been involved in the final phases of consultation with the constitutional drafting committee of the Kurdish National Assembly and provides his insights, observations and critiques here along with an English translation of the draft document.
Number of Pages in PDF File: 102
Keywords: Iraq, Kurd, Kurdistan, Saddam, Genocide, Anfal, Oil, Sovereign, Sovereignty, Constitution, Supremacy Clause, Islamic Law, Sharia, Barzani, Talabani, Baghdad, Bremer, Iran, Turkey, Natural Gas, Pipeline, Petroleum, Hydro-Carbons, Human Rights, Religious Minority
JEL Classification: K33Accepted Paper Series
Date posted: May 15, 2010
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