The constitutional and legal basis for the principle of sustainable development: a comparative analytical study in light of Iraqi national legislation and modern international models

Abstract

The principle of sustainable development has become a fundamental principle in modern legal thought, having transformed from a general political concept into a binding constitutional and legislative rule in many legal systems. It has been adopted by the constitutions of developed countries and stipulated in international agreements related to environmental protection. However, the Iraqi Constitution of 2005 lacked an explicit text enshrining this principle, contenting itself with general references that are insufficient for the purpose. Furthermore, Environmental Law No. 27 of 2009 did not establish an integrated framework linking development and environmental justice. Accordingly, the study recommends the necessity of integrating this principle into the constitution and legislation, and strengthening the institutional structure to ensure its implementation in public policies.