The Liberation State and the Constitutional Operationalization of National Will
A constitutional, power-centred, and institutional reading of Article 122 and its relation to the transfer of authority
This article examines the concept of the “Liberation State” in the Constitution of the Republic of Kurdistan within a constitutional, legal, and political-scientific framework. Article 122 establishes the Liberation State of Kurdistan as the formal instrument for operationalizing the steeled national will until the moment when the Republic of Kurdistan secures full sovereignty over the National Territory. This definition does not leave the Liberation State at the level of slogan, movement, or temporary authority. It transforms it into a provisional, limited, purpose-bound, and legally ordered structure for national liberation, nation-building, institutional construction, and the preparation of the foundations of an independent Republic. The central hypothesis of this article is that the Liberation State is not legitimized merely by the assertion of right. Its legitimacy must be demonstrated through its capacity to operationalize authority, unify national power, protect National Sovereignty, build institutions, organize external relations, and prepare an honourable transfer of authority. From this perspective, the Liberation State is neither an unlimited authority nor a temporary administration without constitutional foundation. It is the legal embodiment of national will in a stage where the Nation is still, in practical terms, confronting occupation, while in the order of legitimacy it remains the bearer of its own sovereignty.