The problems of the absence of the constitution in the Kurdistan Region of Iraq on the legislative authority - a comparative analytical study

Volume 9 , Issue 2 , December 2021 , Pages 38-82

Authors

Shorsh Hassan Omer 1 ; Chenar Ali Ahmed 2

1 Department of Law, College of Law, University of Sulaimani, Sulaimani, Kurdistan Region of Iraq

2 Law Department, College of Law and Politics, University of Human Development, Kurdistan Region of Iraq.

DOI logo 10.17656/jlps.10202

Keywords

Abstract

In the federal state, the principle of autonomy entails the right of federal units to own the constitution and the powers of government, which are represented by the three authorities, legislative, executive and judicial, where the legislative authority is the most important component in the scope of the powers of government, both at the level of the federal state or region, being an elected representative authority representing the people. Therefore, its composition and competencies are usually regulated through the constitutional document, in order to give it constitutional legitimacy on the one hand, and to regulate mutual relations with the executive and judicial authorities on the other.Although the Kurdistan Region of Iraq has unilaterally adopted federalism since 1992, and then the Constitution of the Republic of Iraq for the year 2005acknowledged this fact in Article (117) of it, and granted it the right to own its own constitution under Article (120), but the Region So far, it does not have a constitution of its own, according to which it regulates the powers of governance, rights and freedoms within the region. Therefore, the legislative authority in the Kurdistan Region was organized according to ordinary laws issued by the legislative authority itself, and without a constitutional basis, according to what was stated in the Kurdistan Parliament Law No. (1) The amended year 1992, and this resulted in the emergence of many problems, including those related to the legal organization of the legislative authority, including those related to the impact on the practical reality of the legislative authority, and all of this led to the failure of the legislative authority to perform its legislative, supervisory and financial functions in the desired manner.

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