2020•Journal of Critical ReviewsOpen access

THE APPLICATION OF FEDERALISM IN THE KURDISTAN REGION UNDER THE IRAQI CONSTITUTION 2005

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Abstract

Federal states ‎‎‎usually include several ‎regions, all countries that follow the federal system ‎‎‎consist of two or more regions. As for ‎Iraqi federalism, it is based on the ‎‎‎existence of one separate region, which is the ‎Kurdistan region, and this issue is unique in the ‎‎‎Iraqi Constitution of 2005. The purpose of ‎this paper focuses on the application ‎of ‎‎federalism in the Kurdistan region. ‎Under the Iraqi ‎Constitution of 2005, federalism in Iraq is ‎‎applied ‎in the Kurdistan ‎region only. ‎ ‎This paper will ‎explore whether the ‎‎application of federalism in the Kurdistan region ‎has been‎ adopted ‎correctly. ‎This study is ‎‎conducted through ‎a doctrinal ‎approach; data are collected ‎through ‎a secondary ‎source by examining the contribution of ‎‎scholars in ‎this field. In ‎addition, a series of ‎interviews. The conclusion is that the application of federalism in the ‎Kurdistan ‎‎region ‎‎appears to be different to other examples of federalism in the world. Also, ‎‎this ‎situation may affect the stability of the country and continuity of ‎the application ‎‎of ‎federalism when the Iraqi Constitution granted Kurdistan ‎extensive powers. ‎Therefore, the Iraqi legislation should amend the constitutional ‎‎‎provisions and the legal ‎provisions which deal with the application of federalism in Iraq ‎‎‎generally and the ‎Kurdistan region especially.‎

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What this paper is about

Federal states ‎‎‎usually include several ‎regions, all countries that follow the federal system ‎‎‎consist of two or more regions. As for ‎Iraqi federalism, it is based on the ‎‎‎existence of one separate region, which is the ‎Kurdistan region, and this issue is unique in the ‎‎‎Iraqi Constitution of 2005. The purpose of ‎this paper focuses on the application ‎of ‎‎federalism in the Kurdistan region. ‎Under the Iraqi ‎Constitution of 2005, federalism in Iraq is ‎‎applied ‎in the Kurdistan ‎region only. ‎ ‎This paper will ‎explore whether the ‎‎application of federalism in the Kurdistan region ‎has been‎ adopted ‎correctly. ‎This study is ‎‎conducted through ‎a doctrinal ‎approach; data are collected ‎through ‎a secondary ‎source by examining the contribution of ‎‎scholars in ‎this field. In ‎addition, a series of ‎interviews. The conclusion is that the application of federalism in the ‎Kurdistan ‎‎region ‎‎appears to be different to other examples of federalism in the world. Also, ‎‎this ‎situation may affect the stability of the country and continuity of ‎the application ‎‎of ‎federalism when the Iraqi Constitution granted Kurdistan ‎extensive powers. ‎Therefore, the Iraqi legislation should amend the constitutional ‎‎‎provisions and the legal ‎provisions which deal with the application of federalism in Iraq ‎‎‎generally and the ‎Kurdistan region especially.‎

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Available abstract

Federal states ‎‎‎usually include several ‎regions, all countries that follow the federal system ‎‎‎consist of two or more regions. As for ‎Iraqi federalism, it is based on the ‎‎‎existence of one separate region, which is the ‎Kurdistan region, and this issue is unique in the ‎‎‎Iraqi Constitution of 2005. The purpose of ‎this paper focuses on the application ‎of ‎‎federalism in the Kurdistan region. ‎Under the Iraqi ‎Constitution of 2005, federalism in Iraq is ‎‎applied ‎in the Kurdistan ‎region only. ‎ ‎This paper will ‎explore whether the ‎‎application of federalism in the Kurdistan region ‎has been‎ adopted ‎correctly. ‎This study is ‎‎conducted through ‎a doctrinal ‎approach; data are collected ‎through ‎a secondary ‎source by examining the contribution of ‎‎scholars in ‎this field. In ‎addition, a series of ‎interviews. The conclusion is that the application of federalism in the ‎Kurdistan ‎‎region ‎‎appears to be different to other examples of federalism in the world. Also, ‎‎this ‎situation may affect the stability of the country and continuity of ‎the application ‎‎of ‎federalism when the Iraqi Constitution granted Kurdistan ‎extensive powers. ‎Therefore, the Iraqi legislation should amend the constitutional ‎‎‎provisions and the legal ‎provisions which deal with the application of federalism in Iraq ‎‎‎generally and the ‎Kurdistan region especially.‎

Key concepts: Federalism, Constitution, Legislation, Dual federalism, Political science, Law, New Federalism, Fiscal federalism

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