The problem of the distribution of competencies between the federal authorities and the authorities of the Kurdistan Region

Abstract

The federal system in Iraq was constitutionally adopted in 2004 in Article 4 of the Transitional Administrative Law of the State. It was subsequently adopted in the 2005 Constitution of Iraq. Article 1 states that "Iraq is a single, sovereign and independent federal state, (Article 117) in the Kurdistan Region and its existing authorities, a federal territory and defined the terms of reference of both the federal government and the terms of reference of the regions in the fourth and fifth of it. The constitutional organization contained in the Iraqi constitution has defined the terms of reference of the federal government exclusively, and gave broad powers to the governments of the regions, with the definition of some common competencies, and accordingly the Kurdistan Regional Government is the general jurisdiction and the federal government with exceptional jurisdiction, which supports the authority of the Kurdistan Region constitutionally Independence and internal sovereignty, But the process of application of these materials accompanied by different problems generated multiple political and economic problems between the parties, which led to shortcomings in the federal democratic experiment in Iraq The study dealt with this issue through two sections, the first deals with the terms of reference of the federal government and regional governments according to the Constitution of 2005. The second addresses Problems of the exercise of the functions of the federal government and the Kurdistan Regional Government.