Distribution of powers between federal government and local government: a critical analysis of the Iraqi constitution 2005

The distribution of powers of government embodied in the Federal Constitution is the most important issue facing a federal state at its inception. Following the downfall of Saddam Hussein and his regime in 2003, Iraq has adopted federalism
under the Constitution of 2005, which subsequently transformed the country from a unitary state to a federal state. Nonetheless, the issue of power distribution between the federal government, regional governments, and the governorates as prescribed in the Constitution is contradicting with the concepts of federalism and administrative decentralization which are normally practiced in other federal states. There is also a disparity between the constitutional provisions and distributional arrangement of powers of which has affected the use of the powers, as well as undermined the
stability and security of the country. One of the questions of the study is about the division of powers between the central government and local governments under the Constitution of 2005. Therefore, the objective of this study is to examine the federal system and its application in Iraq. At the same time, it studies the distribution of powers between the federal and local governments in Iraqi Constitution of 2005. It also analyses the system of administrative decentralization in light of the division of powers practiced by the governorates. This study also examines the application of federalism in the Kurdistan region and lastly, to propose recommendations for the improvement of the federal system in Iraq. The methodologies adopted in this study are doctrinal legal research and qualitative approach. In addition, a series of semistructured interview were conducted, either face-to-face or through the use of email. Based on the findings of the study, there is a misconception towards the distribution of the constitutional powers among different levels of rulings represented by the mfederal government, regional governments and governorates. There is also a misconception on the concept of administrative decentralization and federalism. In addition, federalist system in Iraq is inconsistent with other countries that follow the concept of federalism in terms of text and its application. This study recommends that some of the constitutional provisions regarding the distribution of powers are to be amended or repealed in any agreeable ways according to the widely adopted concept of federalism and its applications among the federal states around the world.