Political referendum leading to secession

Abstract

The political referendum is of great importance, both at the constitutional and international levels, by a democratic means of expressing the wishes of the people on the choice of the form of government that they are holding and how it will be achieved in other words by self-determination. The legality of the Act is the Constitution of the State as its supreme law, the ambiguity or lack of clarity of the constitutional provision or the outbreak of a dispute between the territory and the Centre in this regard. In its solution, Al-Faisal boils down to the highest judicial body in the state. In the case of Iraq, the Federal Supreme Court had concluded that such a referendum was illegal on the basis of the Federal Constitution, which did not allow any of its components to be separated from the constitutional law. From the point of international law, there is no justification for the realization of this right that the Territory can invoke in its organization of the secession referendum because it is part of, but not subordinate to, Iraq, in addition to being not applicable to any component living within a sovereign state.