The Problem of the Relationship between the Federal Authority and the Territorial Authority in the Iraqi Constitution in 2005
- Articles
- Submited: June 19, 2020
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Published: June 19, 2020
Abstract
This article aims to identify theproblem of the relationship between the federal authority and the territorial authority in the Iraqi constitution, according to what was stated in the Iraqi Constitution for 2005 is opposite to the rule that is common in all federal constitutions, as the provisions of the Constitution emphasize the superiority of the law of the territory over the federal law in the common jurisdiction and not only that, but the provisions of the Constitution indicated that there is the possibility of objection to any federal law in the field of common jurisdictions by one of the territories. Through the study of the countries that have adopted the federal system of government, we have shown the importance of the Constitution in regulating and distributing the competencies as the backbone of the federal state.
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References
1. The Permanent Iraqi Constitution, 2005.
2. IdrisAbd Al-Zahra, The Future of the Constitutional Experience in Iraq, At-Basayer Library, Beirut, 2011.
3. IhsanHameed Al-Mafraji and d. KatarZaghirNeama and d. RaadNaji Al-Jedda, General Theory of Constitutional Law and the Constitutional System in Iraq, Taha, publisher of Al-Atik Book Company, Cairo 2011
4. Hamid HanounKhaled, Federal Authorities in the 2005 Iraqi Constitution, College of Law, University of Baghdad.
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6. TahaHameed Al-Anbuge, Contemporary Political and Constitutional Systems, Their Foundations, Components and Classification Standards, Al-Ghufran Library for Printing, Baghdad, 2017.
7. Adnan AajelObaid, Constitutional Law, General Theory and Constitutional System in Iraq, Al-Nebras Foundation for Printing and Publishing, Najaf, 2010.
8. Issam Al-Debs: Political Systems (General Characteristics), Part 1, Dar Al-Thakafah for Publishing and Distribution, Amman 1st edition, 2011.
9. Ali HadiHamidi Al-Shakrawi, Contemporary Political Systems, Arab Renaissance House, Cairo, 2014.
10. Ali Yousef Al-Shukri, Principles of Constitutional Law and Constitutional System in Iraq, Dar Al-Salam Legal Library, Beirut, 2018.
11. Muhammad Taha Al-Husseini, Principles of Constitutional Law and the Development of the Political System in Iraq, Al-Sanhouri Library, Beirut, 2015.
12. Muhammad Omar, Federalism and its Possibility in Iraq, Kurdistan Region Press, 2003.
13. Glossary in the Global Dialogue Handbooks Series on Federalism, Part 3, Dialogues on the Legislative, Executive and Judicial Domains of Federal Countries, Federal Federations Forum, Canada, 2007.
14. Muammar Mahdi Salih, Distribution of Constitutional Jurisdictions in the Federal State, A Comparative Study, First Edition, Al-Halabi Human Rights Publications, Lebanon, 2010.
15. MiftahMiladMoftah Al-Mimari, Constitutional Theory in the Opinions of Al-Farabi and IbnKhaldoun, Library
16. Religious Culture, Cairo, 2016.
17. Nazem Abdul Wahid Al-Jassour, Encyclopedia of Politics, Amman, 2004, p. 195.
18. Yahya Al-Jamal, Contemporary Political Systems, Arab Renaissance House for Printing and Publishing, Beirut. 1969.
19. Ismail Sa`sa ’Ghaidan, Regional Administrative Decentralization in Iraq, a study on overlapping competences and oversight in Iraq, research published in the Journal of Law Letter, College of Law, University of Karbala, fourth year - the number of the first national conference of law faculties, 2012.
20. C. Now Dates, Comparative Reflections, Dialogues on Constitutional Origins, Organizational Structures, and Change in Federal Countries, Series of Global Dialogue Handbooks on Federalism, Part 1, Forum on Federations and the International Association of Federal Study Centers, Canada, 2007.
21. Saeed Rashid Abdul Nabi, The Relationship Between Federal and Regional Authorities in the Permanent Iraqi Constitution, Journal of Political Science, Conference Research, University of Baghdad, DT
22. AmerHasan al-Fayyad, Procedural Ideas in the Constitutional Process, Summary of Research Presented to the Corner of Time, Erbil, 2004.
23. Ghazi Faisal Mahdi, The Federal and Decentralization Systems in the 2005 Iraqi Constitution, research published in the Legislation and Judiciary Magazine, first year, first issue, 2009.
24. IhsanHameed Al-Mafraji and d. KatarZaghirNeama and d. RaadNaji Al-Jedda, General Theory of Constitutional Law and the Constitutional System in Iraq, Taha, publisher of Al-Atik Book Company, Cairo 2011
25. Hamid HanounKhaled, Federal Authorities in the 2005 Iraqi Constitution, College of Law, University of Baghdad.
26. Sawsan Ismail Al-Assaf, Federalism and the Constitutional Process for a Post-Change Iraq, research presented to the Iraq House for Future Studies, 2006.
27. TahaHameed Al-Anbuge, Contemporary Political and Constitutional Systems, Their Foundations, Components and Classification Standards, Al-Ghufran Library for Printing, Baghdad, 2017.
28. Adnan AajelObaid, Constitutional Law, General Theory and Constitutional System in Iraq, Al-Nebras Foundation for Printing and Publishing, Najaf, 2010.
29. Issam Al-Debs: Political Systems (General Characteristics), Part 1, Dar Al-Thakafah for Publishing and Distribution, Amman 1st edition, 2011.
30. Ali HadiHamidi Al-Shakrawi, Contemporary Political Systems, Arab Renaissance House, Cairo, 2014.
31. Ali Yousef Al-Shukri, Principles of Constitutional Law and Constitutional System in Iraq, Dar Al-Salam Legal Library, Beirut, 2018.
32. Muhammad Taha Al-Husseini, Principles of Constitutional Law and the Development of the Political System in Iraq, Al-Sanhouri Library, Beirut, 2015.
33. Muhammad Omar, Federalism and its Possibility in Iraq, Kurdistan Region Press, 2003.
34. Glossary in the Global Dialogue Handbooks Series on Federalism, Part 3, Dialogues on the Legislative, Executive and Judicial Domains of Federal Countries, Federal Federations Forum, Canada, 2007.
35. Muammar Mahdi Salih, Distribution of Constitutional Jurisdictions in the Federal State, A Comparative Study, First Edition, Al-Halabi Human Rights Publications, Lebanon, 2010.
36. MiftahMiladMoftah Al-Mimari, Constitutional Theory in the Opinions of Al-Farabi and IbnKhaldoun, Library
37. Religious Culture, Cairo, 2016.
38. Nazem Abdul Wahid Al-Jassour, Encyclopedia of Politics, Amman, 2004, p. 195.
39. Yahya Al-Jamal, Contemporary Political Systems, Arab Renaissance House for Printing and Publishing, Beirut. 1969.
40. Ismail Sa`sa ’Ghaidan, Regional Administrative Decentralization in Iraq, a study on overlapping competences and oversight in Iraq, research published in the Journal of Law Letter, College of Law, University of Karbala, fourth year - the number of the first national conference of law faculties, 2012.
41. C. Now Dates, Comparative Reflections, Dialogues on Constitutional Origins, Organizational Structures, and Change in Federal Countries, Series of Global Dialogue Handbooks on Federalism, Part 1, Forum on Federations and the International Association of Federal Study Centers, Canada, 2007.
42. Saeed Rashid Abdul Nabi, The Relationship Between Federal and Regional Authorities in the Permanent Iraqi Constitution, Journal of Political Science, Conference Research, University of Baghdad, DT
43. AmerHasan al-Fayyad, Procedural Ideas in the Constitutional Process, Summary of Research Presented to the Corner of Time, Erbil, 2004.
44. Ghazi Faisal Mahdi, The Federal and Decentralization Systems in the
45. Preston King, Federalism and Federation, London, 1982.
2. IdrisAbd Al-Zahra, The Future of the Constitutional Experience in Iraq, At-Basayer Library, Beirut, 2011.
3. IhsanHameed Al-Mafraji and d. KatarZaghirNeama and d. RaadNaji Al-Jedda, General Theory of Constitutional Law and the Constitutional System in Iraq, Taha, publisher of Al-Atik Book Company, Cairo 2011
4. Hamid HanounKhaled, Federal Authorities in the 2005 Iraqi Constitution, College of Law, University of Baghdad.
5. Sawsan Ismail Al-Assaf, Federalism and the Constitutional Process for a Post-Change Iraq, research presented to the Iraq House for Future Studies, 2006.
6. TahaHameed Al-Anbuge, Contemporary Political and Constitutional Systems, Their Foundations, Components and Classification Standards, Al-Ghufran Library for Printing, Baghdad, 2017.
7. Adnan AajelObaid, Constitutional Law, General Theory and Constitutional System in Iraq, Al-Nebras Foundation for Printing and Publishing, Najaf, 2010.
8. Issam Al-Debs: Political Systems (General Characteristics), Part 1, Dar Al-Thakafah for Publishing and Distribution, Amman 1st edition, 2011.
9. Ali HadiHamidi Al-Shakrawi, Contemporary Political Systems, Arab Renaissance House, Cairo, 2014.
10. Ali Yousef Al-Shukri, Principles of Constitutional Law and Constitutional System in Iraq, Dar Al-Salam Legal Library, Beirut, 2018.
11. Muhammad Taha Al-Husseini, Principles of Constitutional Law and the Development of the Political System in Iraq, Al-Sanhouri Library, Beirut, 2015.
12. Muhammad Omar, Federalism and its Possibility in Iraq, Kurdistan Region Press, 2003.
13. Glossary in the Global Dialogue Handbooks Series on Federalism, Part 3, Dialogues on the Legislative, Executive and Judicial Domains of Federal Countries, Federal Federations Forum, Canada, 2007.
14. Muammar Mahdi Salih, Distribution of Constitutional Jurisdictions in the Federal State, A Comparative Study, First Edition, Al-Halabi Human Rights Publications, Lebanon, 2010.
15. MiftahMiladMoftah Al-Mimari, Constitutional Theory in the Opinions of Al-Farabi and IbnKhaldoun, Library
16. Religious Culture, Cairo, 2016.
17. Nazem Abdul Wahid Al-Jassour, Encyclopedia of Politics, Amman, 2004, p. 195.
18. Yahya Al-Jamal, Contemporary Political Systems, Arab Renaissance House for Printing and Publishing, Beirut. 1969.
19. Ismail Sa`sa ’Ghaidan, Regional Administrative Decentralization in Iraq, a study on overlapping competences and oversight in Iraq, research published in the Journal of Law Letter, College of Law, University of Karbala, fourth year - the number of the first national conference of law faculties, 2012.
20. C. Now Dates, Comparative Reflections, Dialogues on Constitutional Origins, Organizational Structures, and Change in Federal Countries, Series of Global Dialogue Handbooks on Federalism, Part 1, Forum on Federations and the International Association of Federal Study Centers, Canada, 2007.
21. Saeed Rashid Abdul Nabi, The Relationship Between Federal and Regional Authorities in the Permanent Iraqi Constitution, Journal of Political Science, Conference Research, University of Baghdad, DT
22. AmerHasan al-Fayyad, Procedural Ideas in the Constitutional Process, Summary of Research Presented to the Corner of Time, Erbil, 2004.
23. Ghazi Faisal Mahdi, The Federal and Decentralization Systems in the 2005 Iraqi Constitution, research published in the Legislation and Judiciary Magazine, first year, first issue, 2009.
24. IhsanHameed Al-Mafraji and d. KatarZaghirNeama and d. RaadNaji Al-Jedda, General Theory of Constitutional Law and the Constitutional System in Iraq, Taha, publisher of Al-Atik Book Company, Cairo 2011
25. Hamid HanounKhaled, Federal Authorities in the 2005 Iraqi Constitution, College of Law, University of Baghdad.
26. Sawsan Ismail Al-Assaf, Federalism and the Constitutional Process for a Post-Change Iraq, research presented to the Iraq House for Future Studies, 2006.
27. TahaHameed Al-Anbuge, Contemporary Political and Constitutional Systems, Their Foundations, Components and Classification Standards, Al-Ghufran Library for Printing, Baghdad, 2017.
28. Adnan AajelObaid, Constitutional Law, General Theory and Constitutional System in Iraq, Al-Nebras Foundation for Printing and Publishing, Najaf, 2010.
29. Issam Al-Debs: Political Systems (General Characteristics), Part 1, Dar Al-Thakafah for Publishing and Distribution, Amman 1st edition, 2011.
30. Ali HadiHamidi Al-Shakrawi, Contemporary Political Systems, Arab Renaissance House, Cairo, 2014.
31. Ali Yousef Al-Shukri, Principles of Constitutional Law and Constitutional System in Iraq, Dar Al-Salam Legal Library, Beirut, 2018.
32. Muhammad Taha Al-Husseini, Principles of Constitutional Law and the Development of the Political System in Iraq, Al-Sanhouri Library, Beirut, 2015.
33. Muhammad Omar, Federalism and its Possibility in Iraq, Kurdistan Region Press, 2003.
34. Glossary in the Global Dialogue Handbooks Series on Federalism, Part 3, Dialogues on the Legislative, Executive and Judicial Domains of Federal Countries, Federal Federations Forum, Canada, 2007.
35. Muammar Mahdi Salih, Distribution of Constitutional Jurisdictions in the Federal State, A Comparative Study, First Edition, Al-Halabi Human Rights Publications, Lebanon, 2010.
36. MiftahMiladMoftah Al-Mimari, Constitutional Theory in the Opinions of Al-Farabi and IbnKhaldoun, Library
37. Religious Culture, Cairo, 2016.
38. Nazem Abdul Wahid Al-Jassour, Encyclopedia of Politics, Amman, 2004, p. 195.
39. Yahya Al-Jamal, Contemporary Political Systems, Arab Renaissance House for Printing and Publishing, Beirut. 1969.
40. Ismail Sa`sa ’Ghaidan, Regional Administrative Decentralization in Iraq, a study on overlapping competences and oversight in Iraq, research published in the Journal of Law Letter, College of Law, University of Karbala, fourth year - the number of the first national conference of law faculties, 2012.
41. C. Now Dates, Comparative Reflections, Dialogues on Constitutional Origins, Organizational Structures, and Change in Federal Countries, Series of Global Dialogue Handbooks on Federalism, Part 1, Forum on Federations and the International Association of Federal Study Centers, Canada, 2007.
42. Saeed Rashid Abdul Nabi, The Relationship Between Federal and Regional Authorities in the Permanent Iraqi Constitution, Journal of Political Science, Conference Research, University of Baghdad, DT
43. AmerHasan al-Fayyad, Procedural Ideas in the Constitutional Process, Summary of Research Presented to the Corner of Time, Erbil, 2004.
44. Ghazi Faisal Mahdi, The Federal and Decentralization Systems in the
45. Preston King, Federalism and Federation, London, 1982.
How to Cite
1.
The Problem of the Relationship between the Federal Authority and the Territorial Authority in the Iraqi Constitution in 2005. Journal of Research and Opinion [Internet]. 2020 Jun. 19 [cited 2024 May 20];7(6):2717-31. Available from: https://researchopinion.in/index.php/jro/article/view/65
