The limits of the region’s authority to enact and implement legislation

Volume 13 , April 2025 , Pages 181-192

Authors

Yamama Mohammed Hassan Kashkoul

DOI logo 10.17656/jlps.10285

Keywords

Abstract

in the federal system, the regional legislative authority has the right to enact legislation that regulates aspects of life in the region and is binding within its borders without extending to the rest of the federal states, and the provisions of this legislation are applied within these borders only, but the regional legislative authority’s possession of this right is not absolute in any way, but rather is restricted by certain limits governed by the federal constitution, which determines the scope of legislation that the regional legislative authority can enact alone. The federal constitution guarantees the existence of certain mechanisms to resolve any conflict or overlap between the two levels of legislation if it occurs, by defining the jurisdictions of both the federal and regional authorities and determining whether there are shared jurisdictions between them and how coordination takes place between the two authorities with regard to these jurisdictions. The regional legislative authority has limits in legislation that it must adhere to in terms of type and location jurisdiction, otherwise its legislation will be subject to being ruled unconstitutional by the Federal Supreme Court. Therefore, in this research, we will discuss the limits of the legislative authority in the region in enacting legislation and putting it into practice in terms of the necessity of not conflicting with federal legislation and the scope of its application according to what is determined by the Iraqi constitution and the draft constitution of the Kurdistan Region

Keywords: Constitution, Federal Parliament, Kurdistan Regional Parliament, Legislation, Federal Supreme Court

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  • First online25 April 2025
  • Published at25 April 2025

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