دستورية الاختصاص التشريعي لمجالس المحافظات غير المنتظمة في إقليم : دراسة قانونية تحليلية

الملخص EN

This paper looks at the constitutionality of the legislative jurisdiction of the councils of Iraqi governorates not incorporated in region in the light of Law (No.

21\2008).

Specifically, it examines the legislative competence of these councils under the 2005 Constitution of Iraq.

The principal research method employed is that of doctrinal legal research focusing on analysing the 2005 constitution and relevant governorates’ law supported by judicial decisions.

It can be argued of the unconstitutionality of a provincial legislation issued by the legislative branch of the government of a province.

This highlights the importance of amending Articles (111-115) of Iraq’s Constitution and allocating special provisions for these governorates from those rules applicable to the regions.

The paper also emphasises the importance of amending the legislative competence rules of the Provincial Law in accordance with the principles of decentralized administration as enshrined in the 2005 constitution.