Three Decades Without a Social Contract: A Call for Constitutional Adoption in the Kurdistan Region of Iraq

5 Pages Posted: 4 Aug 2025 Last revised: 4 Aug 2025

Hassan Mustafa Hussein

Soran University

Date Written: March 08, 2025

Abstract

After more than a decade of de facto autonomy—and nearly two decades as a federal constituent region under Iraq’s 2005 Constitution—the Kurdistan Region of Iraq (KRI) still lacks a functioning model of constitutional governance rooted in a genuine social contract. Despite various attempts, political actors have consistently failed to cultivate the institutional culture necessary for democratization and the rule of law.

The legal foundation for this autonomy was laid with Election Act No. 1 of 1992, enacted on April 8, 1992, following a political agreement among the Kurdistan Front—a coalition of diverse parties operating under the banner of Baray Kurdistane. This legislation formed the basis for establishing legislative, executive, and judicial institutions that functioned in a de facto capacity until the adoption of Iraq’s permanent constitution in 2005.

The 2005 Iraqi Constitution marked a turning point by formally recognizing the KRI’s federal status. Article 117(1) affirms: “This Constitution, upon coming into force, shall recognize the region of Kurdistan, along with its existing authorities, as a federal region.” Furthermore, Article 120 authorizes regions to adopt their own constitutions: “Each region shall adopt its own constitution that defines the structure of powers of the region, its authorities, and the mechanisms for exercising such authorities, provided that it does not contradict this Constitution.” These provisions granted KRI the constitutional legitimacy and authority to formalize its governance structures—an opportunity that remains unfulfilled.

In response, the Kurdistan Parliament formed a committee in 2002, composed of ten members and legal experts, to draft a regional constitution. This effort produced a 78-article draft on November 7, 2002. A renewed effort in 2009, led by a new constitutional committee with local experts, resulted in a more comprehensive 122-article draft grounded in the rights granted under Article 120 of the Iraqi Constitution. However, both drafts ultimately failed to gain approval and implementation—symptomatic of deeper political and institutional challenges.

As a result, the KRI today suffers from the stagnation of a reformist democracy that has become institutionalized in form but not in substance. Politics has largely deviated from its philosophical purpose—what Aristotle described as the pursuit of the common good and eudaimonia—toward a system of partocracy that entrenches party interests and personalizes authority at the expense of public welfare.

In this paper, Three Decades Without a Social Contract, I explore the historical and political context of constitutional drafting in the Kurdistan Region, analyze the underlying causes of repeated failure, and argue for the urgent need to adopt a modern, civil, and inclusive constitution—one that reflects the will of the people and redefines governance in the region.

Keywords: Iraqi Constitution, federalism, Sub-National Constitution, KRI Draft Constitution, Kurdistan Parliament, Constitution Making Process

Mustafa Hussein, Hassan, Three Decades Without a Social Contract: A Call for Constitutional Adoption in the Kurdistan Region of Iraq (March 08, 2025). https://www.iconnectblog.com/three-decades-without-a-social-contract-a-call-for-constitutional-adoption-in-the-kurdistan-region-of-iraq/, Available at SSRN: https://ssrn.com/abstract=5378207 or http://dx.doi.org/10.2139/ssrn.5378207

The Idea of Establishing the International Court for Constitutional Law: A New Guarantee for Constitutional Governance

Hassan Mustafa Hussein, Law Department, Faculty of Law, Political Science and Management, Soran University

Othman Ali Waysi, Legal Advisor at Kurdistan Parliament

ABSTRACT

Humanity's efforts to build a society in which prosperity and happiness prevail and in which people live in peace and security are due to a civilizational background that has historical roots. By referring to the "Greek" political thought in general and the political thought of (Plato and Aristotle) in particular and extending to modern philosophy, it is clear that the issue of the virtuous city or the ideal political system is one of the most important topics that attract significant attention among thinkers and specialists in philosophical field and political science.

Constitutionalism and constitutional governance as a modern movement in constitutional thought is an important step towards building a system of government that adopts constitutional rules and principles. Given this importance, this form of government is considered one of the greatest achievements of modern civilization through which a measure of freedom, prosperity and coexistence among human beings has been achieved. However, it is noted that despite the existence of written constitutions in some countries, the legitimacy of the ruling regimes is still a matter of serious question. Where the issue of democracy, the protection of human rights and dignity, the sovereignty of the people, periodic elections, the peaceful transfer of power, respect for the rights of minorities, the right to self-determination, and resistance to tyranny are exposed to multiple problems and challenges.

From this angle and in order to establish a constitutional state and a real constitutional governance, jurists of contemporary constitutional law are studying the idea of an international constitutional court. These jurists also seek to answer several questions and examine that necessity and search for a group of main issues that are represented in discussing the role that this court can play in implementing the constitution and protecting individuals and societies from unjust rule and the opportunity to live in accordance with international values, away from the means of violence and chaos, contribute to progress and development. Accordingly, this study is considered an in-depth scientific attempt to study and analyze the idea of establishing the International Constitutional Court, presenting the substantive and procedural terms of reference for this court and indicating its future challenges and prospects.

Keywords: International Court for Constitutional Law, Constitutional Governance, Rights and Democracy, Authority and Legitimacy, State and International Community.

DOI: https://doi.org/10.25007/ajnu.v1n1a1947

Academic Journal of Nawroz University (AJNU)

ISIS CRIMES IN SINJAR: FILING A LAWSUIT BEFORE ICC AND REPARATION MECHANISMS CRITICAL AND ANALYTICAL REVIEW ARTICLE

Authors: Hassan Mustafa Hussein, Mukhlis Ahmad Hamad

This review article analyses ISIS crimes in Sinjar according international criminal law. It has reviewed four main articles and books in this field. It used analytical approach in order to analyse the reviewed articles and books and find out the gaps in such studies. It attempts to answer such questions of whether how to file a lawsuit before ICC and what are the mechanisms of compensating victim of international crimes. The review article revealed that ISIS crimes in Sinjar are considered genocide, crimes against humanity and war crimes. It also found out that there are only three ways that can be relied upon in order to file a lawsuit before the ICC. Finally, the victims of such international crimes are deserved to be compensated according to international and national laws. It is recommended that an academic research shall be conducted about the ISIS crimes in Sinjar which will explain the procedures of bringing the case to ICC and mechanisms of compensating victims of ISIS crimes, because there is a gap in the researches being conducted in this field.

Partocracyand the Future of Governance in the Kurdistan Region

Partocracy, as a model of governance, refers to the dominance of one or more political parties over the government, ie the rule of several political groups instead of the rule of people.

Political scientists describe this model of governance as a major threat to the development of democracy because this model of governance leads to social injustice, the development of populist movements, nepotism, legal oppression, etc.

The Partycracy model of governance is deeply rooted in the Kurdistan Regional Government. This form of governance has become a major obstacle to institutional reform and the establishment of good governance, governance that aims primarily at justice and the public good.

This study was published in the December 19, 2023 issue of the journal Futurology. The full article is available in PDF format at the following link:

https://www.centerfs.org/files/2023/12/BO-ENTERNETt.pdf?fbclid=IwAR2ycoHRjT-HU6XhfX8l0QKm2kMYNqAF6ZG1FqClBF3b7kmBYCwTbdOHEjE

The journal aims to focus on strategic and futuristic research on Kurdistan, and regional and international situations related to the region to understand the present and future of global and regional developments and their impact on Kurdistan. The research field of this journal is Kurdish short-term and long-term policymaking, and analysis of regional countries' policies.

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Three Decades Without a Social Contract: A Call for Constitutional Adoption in the Kurdistan Region of Iraq

Hassan Mustafa Hussein

Abstract

ABSTRACT

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