مبدا أولوية التشريع الاتحادي في النظام القانوني العراقي وتطبيقاته القضائية

Abstract

Comparative

legislation in federal states has settled on giving priority to federal legislation at the expense of regional legislation with regard to the joint powers between the federal government and regional governments; however, the Iraqi constitutional legislator has violated this principle in this important constitutional issue by giving priority to the laws of the region and governorates not organized in a region in the event of a dispute between them and federal legislation, and that is in the joint powers, not to mention giving the region the right to amend the application of federal law in matters outside the exclusive jurisdiction of the federal authority. In this study, we will shed light on this trend of the Iraqi legislator despite the legal foundations that require the priority of federal legislation and its necessities even with regard to the joint powers, and we will also learn about the trend of the Iraqi judiciary in adjudicating cases related to the exercise of jurisdiction between the federation on the one hand and the regions and governorates on the other hand.