ضعف المركز الدستوري للسلطة الاتحادية و أثره على وحدة الدولة الفيدرالية

Abstract EN

The unity of the state in the federal system is one of the foundations of the philosophy on which this system is based, and that the strength of the constitutional center of federal authority in the federal state has a great impact on preserving its unity.

The degree of strength and weakness of the constitutional position of the federal authority is measured by the size of the constitutional powers granted to it and the degree of its importance and quality.

These competencies were large and related to internal and external sovereign issues, controlling the general policy of the state, its economy and managing its wealth.

The constitutional center of the federal authority was distinct and strong, and this entailed its ability to preserve the state’s unity from fracturing, and on the contrary, weakening the constitutional position of federal power exposes an entity The state and its unity are at risk.

This issue has major problems in Iraq, including what is related to the constitutional texts, where the problem of deficiency and ambiguity of these texts arises at the federal level with regard to defining the legal centers for levels of government in Iraq and the method of distributing constitutional powers among them, which caused the weakening of the constitutional position of the federal authority and making its unity Its entity is vulnerable to danger, including what is related to the political reality that imposes numerous restrictions on the federal authority in performing its task of preserving the unity of the state, which may sometimes reach the point of compromising the unity and sovereignty of the state, which creates a wide gap between the reality of legal texts and the practical reality.

The research resulted in a set of results that contribute to finding legal and constitutional solutions to these problems in a way that guarantees preserving the unity of the state.