The rights of Kurds in the Iraqi constitutions on the light of international pact

الملخص EN

-To start with the theories of constitution we should start with the Political theory and the standard definition for the constitution could be regarded as both operations and/ or customs which compose the political entity, i.e., constitution is “the fundamental ‘rule’ of state” or is the “assembling of laws” (Casiglione, pp 419-422).

Thus, constitution is the supreme laws of the state that people of the state has agreed previously to be govern with, and this brings to the attention the meaning of the general system or the administration of the public affairs, as we know that any constitution in its preamble defines the people of the state and the name of the state, the system of the state, the governing rule as well as, the traditions, customs and the charters of rights of the people and their participation on the public affairs (Casiglione, pp 419-422).

The constitutional theorists argue that the constitution is a charter or a rule to the judges to judge in cases that are raised to the courts, but currently most of constitutional theorists believe that the judges will be competent to considerable discretion in judging in cases that will be produced to their courts (Casiglione, p 425).