At least in Sunni-dominated Diyala and parts of Salahaddin, the pro-federal currents seem to remain alive and as long as the federalists remembered to lodge a formal request for a referendum (alongside all the unnecessary bluster abut “declaring” themselves regions) there is plenty of reasons to ask Maliki what happened to those constitutionally mandated referendums. Article 78 of the constitution charges the PM with administering his cabinet so this is his responsibility.
A second subject that could count as a constitutional infraction by Maliki is the failure to have upper-level military officers by parliament, as demanded by article 80-5. Again, the PM has a special responsibility as administrator of the cabinet.
Whether any such questioning would succeed in a successful no confidence vote remains unclear. For a long time, the numbers in favour of a direct no confidence vote seemed exaggerated and masked the possibility that they might fall just short of the critical 163 absolute-majority mark. Additionally, if any of the two specific constitutional infractions discussed above come into play, Maliki may still be able to win over additional support.
For example, on federalism, while the constitution is clear, Maliki might well be able to successfully use arguments of national unity in the assembly in the same way as he has used them in the governorates (where he has been able to mobilise Sunni tribes on an anti-federal basis and translate this into parliamentary support). In other words, Maliki’s implicit argument for violating the constitution for the sake of national unity may curry favour with at least some MPs.
The failure to have high-level military officials confirmed by parliament is an issue which more directly touches on the parliamentary oversight role that lies at the heart of any definition of democracy. Again, though, Maliki might conceivably succeed in winning over at least some potential critics by referring to expediency and the abysmal efficiency record of the Iraqi parliament.
Whatever happens, it is to be hoped that the no confidence vote, if requested, is allowed to go ahead as long as there is adherence to the basic constitutional modalities. Whoever wins this process will come out strengthened if the rules of the game are followed as much as possible.
Parliament is scheduled to meet again on 21 June.
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