Terms of reference for local authorities in Iraqi legislation in light of the current Constitution and the Law of Governorates not organized in a region / No. 21 of 2008

Talib Kazem, Areej

doi:10.37651/aujlps.2011.15757

	Terms of reference for local authorities in Iraqi legislation in light of the current Constitution and the Law of Governorates not organized in a region / No. 21 of 2008
Journal of Anbar University for Law and Political Sciences
Article 5, Volume 2, Issue 1, 2011, Pages 135-164 PDF (272.36 K)
DOI: 10.37651/aujlps.2011.15757
Author
Areej Talib Kazem
Abstract
The administrative system in each country is affected by historical circumstances and political and economic conditions and social conditions in, and this means that the system of decentralized management was linked to stages of historical and political, which passed by the State. Therefore, this study is particularly important not only in the State or group of States but on a global scale, so that the nature of power, which was characterized by the States the past disappeared and was replaced by the character of public service, which resulted in an increase in the activity of the state are not known to past generations, and it was a result that showed the urgent need to make a revolution in governance systems and management with a view to enable the State to carry out its functions the new. Hence arose the idea of (decentralization) in power as experience has shown that the concentration of power is the main obstacle the completion of tasks and projects in such a way represent, (1) and then varied images of power in an image, the distribution of political office in the state between the federal and state or states of its member , and the consequent result that every state or small state autonomy in the direct power (legislative, executive and judicial) in the form of a decentralized political or in the form of the distribution of administrative function between the central government and other independent bodies (Kalmhafezat, cities and villages) and this so-called administrative decentralization in Iraq , after the changed economic circumstances, social and political in it, it took legislation of new laws reflect these changes in administrative organization, we believe that after the dominant spirit of the lack of focus of administrative law on provincial council No. 159 of 1969 repealed under the administrative system central to the application and decentralized in the legislation , proceeded to the 2005 Constitution Iraqi force and indicated in Article (1) thereof to the following (the Republic of Iraq is a single federal, independent and fully sovereign system of government is republican, representative (parliamentary) democracy, and this Constitution guarantor of the unity of Iraq) and he settled this political system and a new management, is the system (Federal Federal), which is a very advanced systems federalism and administrative decentralization wide (2). have changed mechanisms of the central administration of the provinces of the distribution of powers between the central authority and powers of the regions and governorates not organized in a region, he put the constitution mechanism for the distribution functions of the regions and governorates not organized and the State in the territory of the center. Having proceeded Law of Governorates not organized in a region also has terms of reference for local authorities in the governorates not organized in a region, select the validity of the provincial council, and terms of reference in which the heads of administrative units. Accordingly, we We will examine the terms of reference for local authorities to the regions and governorates not organized in a region in two sections, I / we devote to demonstrate the local specialties of the regions, and in the second section / we devote to the terms of reference in the local governorates not organized in a region

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