التفويض في نظام اللامركزية الإدارية في العراق

Abstract EN

Optional mandate is to allow the process of "transfer of power or part of the President to the subordinate, and when the latter accepted this mandate, it is committed to the performance of duties assigned by the President and shall exercise the powers necessary for the performance and become a responsible" than his work.

And include a mandate three elements of the process which, granting authority, the right to act and to issue commands, either do or to refrain from doing something, and determining jurisdiction is to determine the legislator group behavior and actions of public people may be exercised by law ", and the significant legally effort." And responsibility, defined as the individual's commitment to perform the functions assigned to him and duties properly and the best of his ability and in accordance "with the directives of the boss who hold him accountable, and on this, the power flowing and flowing from the President to the subordinate in the allocation and determine the duties, as the Commissioner to have the authority, it must take responsibility.

Commissioner may be associated with several factors constitute impediments to the success of the mandate that Thirst for power and the fear of not confidential or exaggerated sense of appreciation and love of subjectivity and the belief that the mandate weaken his influence or fear of competition subordinates.

Who wants the organization in contemporary states to preserve the unity of the state and cohesiveness, and the involvement of the citizens of regional her administrative units, in direct and manage local affairs within the geographical borders, through the adoption of regional administrative decentralization method, and divides the countries that take decentralization of the two system, the Department takes the decentralization system regional management, and the other section, the application takes political decentralization, hardly a State out of these two systems.

So most of the constitutions and administrative legislation seeks to find a balance between the central authorities of the state, local authorities and their constituent administrative units, or at least to achieve as much as possible.

And it has become a regional dministrative decentralization style of the most important and most successful methods of organization of administrative units in the modern state, which has led to its adoption by the majority of countries in the world, whether those nations, simple or complex.

For this method relationship direct correlation to the question of strengthening the mechanisms or real democracy means, and to meet human rights material and moral requirements, through investigation or the completion of development and prosperity within the framework of the regional administrative unit caused by systematic planning and investment, better selfdiverse resources, or those allocated to them from the central government resources within the annual general budget.

He underwent Iraq, during the period from July 17, 1968 until April 9, 2003, the system central holistic, despite the fact that some of the laws, especially the "relating to the organization of provincial affairs, such as the provincial Law No.

159 of 1969, by making some amendments to it, was referring to the award provincial powers of the task in accordance with the regional administrative decentralization, but they are copied by subsequent amendments to the law itself, or under other laws crashes or cancel conflicting with texts, or across the dissolved Revolutionary Command Council resolutions which have the force of law, although it is issued by the party executive and legislative branches gathered, or through instructions issued by the ministries or other bodies which were mostly beyond the legal and constitutional texts, but into practice takes top ranking laws.

Iraq has seen in the wake of the events of April 9, 2003 attempt to overthrow those administrative and political concepts, but those attempts were built on the foundations laid in the previous sentence period, influenced by the laws and regulations in force until that time, and that had a clear impact in all administrative and governmental practices, and attempts , re-incorporation of the decentralized system, from both the legislative and realism.

With the passage or a permanent constitution in the Republican era in 2005, it was the terms of reference between the center and regions and provinces distribution clearly, where the terms of reference of exclusive federal government, and joint powers between them and the regional governments, governorates not organized in a region, and leaving without it to the jurisdiction of the regions or governorates not organized in the territory, has given the Constitution under the provisions of Article (115) priority in the application of the law issued by the region or province in case of conflict with federal law, the legislature has the constitutional text on the formation of the provincial councils.

Research Objectives: The study aims to statement gaps in the previous legislation, competent, and disclosed fact, displace revealed the reality of the application of delegation of authority experience between the center and the provinces not organized in a region in Law No.

(21) for the year 2005, and the success of administrative decentralization in Iraq.

Your Search: Our research on the subject (authorization in administrative decentralization system in Iraq), includes the identification of the authorization system and the study of the stages of the administrative Ttorallammerkzah in Iraq, and to benefit from past experiences, where they will be dealt with the mandate of administrative in the Royal Iraqi Covenant, and delegation of administrative in the republican era and study phase Pre-2003, and the mandate administrative post in 2003.

The research problem: that the constitutional legislator in Iraq's constitution of 2005 mixing between the federal applications and between regional administrative decentralization applications when distributed competencies of the federal government governorates not organized in a region in articles 114 115 121, and Article 123 of the Iraqi Constitution of 2005 contained She is confused about several of them: 1- The mandate of competence building "on the two destinations Odareeten agreement is rare to get in real life.

2- that the mandate of jurisdiction must be partly "not entirely" If the whole "it is a concession" terms of reference for the exercise, and therefore is null and void "sterile" from producing legal effects.

3- Article I states (123) of the Constitution on the permissibility of the terms of reference authorize the federal government to the provincial authorities, and that means the mandate from the bottom up, a situation that does not exist in the comparative legislation.

Research Methodology: The comparative study method in this research has been adopted because it is most appropriate to the nature of the topic can be reached its conclusions.

The research plan: We will discuss this issue through divided into two sections, and will be in the first section of the administrative authority in Iraq in the monarchy and the second topic of administrative mandate in Iraq in the republican era before 2003 and the administrative authority in Iraq