Problematics of the Implementation of Article (140) of the Iraqi Constitution of 2005

Abstract

This study examines the role of the Federal Supreme Court of Iraq in interpreting and defining the constitutional framework for the implementation of Article 140 of the Constitution of the Republic of Iraq (2005)، in light of the legal and political challenges that have accompanied its implementation. This article is considered one of the most controversial constitutional provisions within the Iraqi constitutional system، as it addresses the status of territories that experienced demographic changes during previous periods. The provision sets out three main stages for resolving this issue: normalization، population census، and a referendum to determine the will of the inhabitants of those areas.

The research aims to analyze the legal nature of Article 140 and to clarify whether the provision remains legally valid after the expiration of the time limit originally set for its implementation، in addition to examining the judicial trends adopted by the Federal Supreme Court in interpreting this article. The study adopts an analytical approach based on the examination of constitutional provisions and relevant judicial decisions.

The findings indicate that the decisions of the Federal Supreme Court have affirmed the continued validity of the constitutional provision despite delays in its implementation، thereby reinforcing the principle of constitutional supremacy and highlighting the role of constitutional judiciary in maintaining a balance between political stability and constitutional legitimacy in a federal state