الاستفتاء السياسي المؤدي الى الانفصال

Abstract

Political referendum has a vital importance on the constitutional or international laws, as it is one of the democratic techniques to express the wishes of people in regard of choosing the governing system which they want and how to achieve it . In other words ,the people decide their future by themselves . The legitimacy of conducting it comes from the constitution of the state , as this constitution is regarded the supreme law in that state .In case of the ambiguity of the constitutional text , or the dispute between the region and central government , the way to solve the problem will be in the highest legal court in the state . In case of Iraq the supreme united court decided the illegitimacy of such referendum depending on the united constitution , which not allow the separation of any part of the constituents of the state , this is in regard of the constitutional law while in regard of the international law there is not any justificat the region my use it to conduct this separating referendum , as the region is apart of Iraq and not a region follow to Iraq . Moreover the international law don’t include anything refer to its usability to any constituent lives in a sovereign state .