Separation Of Powers In Federal State: A Case Study Of Iraq
Abstract
Student Name: Ziryan Fazil
A popular vote in Iraq adopted a new constitution. Iraqi constitutional architects concluded that the parliamentary system was more efficient and fit to the new state of Iraq on October 15, 2005. They described the new state of Iraq as parliamentary system representative democratic; working on the principle of separation of powers, that fosters power diffusion, while parliamentary system fosters power unification. The research problem stated for the study is that the regions in the federal state of political units, they are independent constitutions and constituent members of the federal state, their powers and divisions are very different and more in provinces where administrative units and their characteristics are regulated by law, but the Iraqi constitution in 2005 did not take into account this difference either in the matter of the division of powers or in the matter of organizing the system of two councils in the legislative authority is not compatible with the nature of the federal system. The research objective for the present study is to find out ways in which separation of power could be improved in Iraq and examine whether the Iraqi constitution in 2005 succeeded in resolving the issue of division Powers between federal authority and regional authority or constituent units. The study uses both primary and secondary method of data collection and document analysis along with thematic analysis to reach findings. The study concludes that there should be a cross-sectarian leadership ‘development’ program aimed at improving political leadership quality and fostering a common political vision for Iraq. Participants should include representatives from the leaders from present political parties; neutral, outside voices, such as leaders of Iraq’s various religious officials and tribes; and representatives from Iraq’s protest movement. Create a well-organized, safe, and well-informed space for Iraq’s social forces to explore and dispute political issues that need to be addressed. Such measures will not, by themselves, overcome Iraq’s fundamental governance issues. However, if done correctly, they can assist the country’s social forces in figuring out more comprehensive and peaceful ways to handle problems.
