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

102 Pages Posted: 15 May 2010

See all articles by Michael J. Kelly

Michael J. Kelly

Creighton University School of Law; American Bar Association, Business Law Section; American Society of International Law

Date Written: May 15, 2010

Abstract

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.

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: K33

Suggested Citation

Kelly, Michael J., 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 (May 15, 2010). Penn State Law Review, Vol. 114, No. 3, pp. 707-808, 2010. Available at SSRN: https://ssrn.com/abstract=1608334

Michael J. Kelly (Contact Author)

Creighton University School of Law ( email )

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402-280-2244 (Fax)

HOME PAGE: http://www.creighton.edu/law/faculty/kelly/index.php

American Bar Association, Business Law Section ( email )

321 North Clark Street
Chicago, IL 60610
United States

American Society of International Law

2223 Massachusetts Avenue, NW
Washington, DC 20008
United States
202-939-6000 (Phone)

HOME PAGE: http://www.asil.org/

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