FEDERALISM A DYNAMIC CONCEPT: COMPARATIVE STUDY OF FEDERALISM IN THE CONSTITUTIONS OF UNITED STATES OF AMERICA, INDIA AND IRAQ

Mahmod Yahya, Ali

doi:10.37651/aujlps.2023.177014

	FEDERALISM A DYNAMIC CONCEPT: COMPARATIVE STUDY OF FEDERALISM IN THE CONSTITUTIONS OF UNITED STATES OF AMERICA, INDIA AND IRAQ
Journal of Anbar University for Law and Political Sciences
Article 13, Volume 12, Issue: 2 part 2, December 2022, Pages 396-450 PDF (1.2 M)
DOI: 10.37651/aujlps.2023.177014
Author
Ali Mahmod Yahya
Abstract
In the three older Federations of the U.S.A., Canada and Australia, in the formative stages of development, the dominant operative concept was that of competitive federalism which denoted a spirit of competition and rivalry between the center and the states. The formative stages were, therefore, marked by intergovernmental disputed, the units were very conscious of their powers and rights and thus, resented the growth of the center’s powers and any encroachment by it on their domain. With the passage of time, however, the concept of 'competitive federalism' slowly gave way to co-operative federalism. This trend has been promoted by three powerful factors. The crux, the pivotal point of a federal constitution is the division of powers and functions between the center and the states. The Indian constitution contains a very elaborate scheme of distribution of powers and functions between the center and the states. India from commencement of the constitution is observing competitive federalism between center and states, now which resulting in co-operative federalism. In spite of provisions relating to federalism, there still exists a problematic condition about the future of federalism in Iraq and the reason is due to certain innovations and ambiguities in Iraqi constitution and also legal and political problems about federation in that country. The present article examines these ambiguities and innovations. It is argued that institutional features of federalism and realities on the ground make Iraq uniquely vulnerable to secessionist pressures. The purpose of the proposed Research work is to make a comparative study of federalisms of U.S.A. being the oldest federalism, India as largest democracy possessing federal character and Iraq as recent conflicting federalism to know there working and to suggest necessary improvements if required for better working of federalisms in those countries.
Keywords
constitutions; federalism; center; region; jurisdiction; Iraq; India; the United States; authorities

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