Sustainable Development and the Rights of Future Generations in the Iraqi Constitution of 2005: A Comparative Study

Abstract

It seems we are sleepwalking towards a climate catastrophe," and "The era of global warming has ended, and the era of global boiling has begun," are two quotes from UN Secretary-General António Guterres, the first in March 2022 and the latter in July 2023. He warns of countries neglecting their climate commitments and many, both developed and others, not adhering to the implementation of sustainable development plans. Sustainable development is no longer just a term or concept to be added to the field of other terms and concepts; it is an urgent necessity, and neglecting it signals a serious danger. The World Commission on Environment and Development defines it in its 1987 report titled "Our Common Future" presented to the United Nations as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." It is clear that the issue of sustainable development is not new or emergent; it was discussed in the 1980s. Nor is it a secondary or marginal issue; it is supported by the United Nations. It is surprising that the Iraqi Constitution of 2005 does not mention sustainable development, even though it was written nearly a quarter-century after the term became widespread. The current constitution refers to the word "development" without specifying its meaning or content, whereas some constitutions, such as the amended Egyptian Constitution of 2014, clearly and explicitly refer to sustainable development and the rights of future generations. Respecting the rights of future generations is one of the most important topics that constitutional lawmakers should include at the core of the constitutional document to grant it both substantive and formal supremacy, giving it the necessary priority and care.