This study examines the issue of disputed territories under the
2005 Constitution of the Republic of Iraq, taking Sinjar District as a
case study for constitutional analysis. The research aims to clarify
the conceptual and legal framework of disputed territories and to
analyze the constitutional basis adopted by the Iraqi constitutional
legislator, particularly Article (140), while assessing the
effectiveness of its implementation in practice.
The study adopts a constitutional analytical approach, supported
by descriptive and comparative methods where appropriate, in
order to identify the constitutional, legal, political, and security
obstacles that have hindered the implementation of the
constitutional provision and resulted in the continued suspension
of the legal status of Sinjar. The research concludes that the core
problem lies not in the deficiency of the constitutional text itself, but
in its non-implementation and the absence of institutional
commitment, which has undermined the supremacy of the
Constitution, weakened legal certainty, and negatively affected the
stability of the federal system.