مبدأ اللامركزية الإدارية و أسس تنظيم العلاقة بين الحكومة المركزية و مجالس المحافظات العراقية

الملخص EN

There is no doubt that the state is represents the main theme of the administrative and constitutional law alike, and it represents, by its different authorities, substantial and fundamental pillar in the lives of individuals, they often rely on them to satisfy public needs and to achieve public benefit.

However, the state at the present time cannot play its role in a centralized manner, since it must have the ability to act legally to face the people which form the basis for establishing any state.

Therefore, the state had the right to have the power and its privileges which may not gain full acceptance of all the people, but the power used by the state in a democratic pattern has a specific essential aim, which is to achieve the benefits of the community and in their favor, which guarantees its sovereignty and rise above everyone.

Modern state at the beginning of its appearance, it was a unified state, simple form, as was the central state, which means that all decisions had to be made from the center, without the involvement of the country's population in the management of their affairs, and by development of time, and for different reasons, including the failure of the central state to meet the local needs of the people, therefore, simple unified state resorted to administrative decentralization, to provide an opportunity for the people of different regions in the country, to take the necessary decisions in some of their local affairs.

However, the administrative decentralization system, although its effectiveness, is no longer enough to satisfy the peculiarities of the various components, and particularly, in the country where the population is made up of different sects and components, were ethnic, religious or linguistic or sectarian or cultural.