الاشكَالِياتُ الدستُوريّة للنظَامِ الفدرَاليّ في العراق -دراسة تحليلية مقارنة -

Abstract

     The federal state is based on some foundations and basics principles through which achieves to the provinces an effective contribution to the institutions of the federal government, and depends on the protection of these foundations and principles the success or collapse of the federal state.

      In this research, we tried to examine those foundation and principles that play a major role in the prosperity and progress of the federal system, including, building the federal state on several well-defined regions, distributing constitutional competences between the levels of federal and regional government clearly and specifically, the existence of federal institutions such as the Supreme Legislative Council and the Federal Supreme Court, and then the voluntary establishment of this state at the request of its various components. In this research, we have outlined the gaps and shortcomings in the Constitution of the Republic of Iraq in 2005 in regard to the organization of these basic foundations and principles, which results in many problems and risks with regard to the future of the Iraqi federal experiment.

      At the end of the research, we came up with a number of findings and proposals, that the adoption and action of them is aimed at the development and progress of the Iraqi federalism, and on the contrary will be the failure and collapse of the share of this artistic experience in the future.