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Abstract

The curriculum of the distribution of competencies between the federal authority and the provinces and governorates in Iraq in accordance with the 2005 valid Constitution makes the provinces and governorates are the original competence and the federal authority is the exclusive competence. So what is within the exclusive competence contained in Article (110) of the Constitution belongs to the federal authority and everything else is within the competence of the regions, and in some cases it is within the competence of the governorates not organized in a region as well. The constitutional legislator has rectified some of the prerogative of the regions by stipulating the creation of "common competences" between the federal authority and the authorities of the regions, but it has reverted and make the priority of application in the case of disagreement to the law of the region or the governorates not organized in a region, which has left the regional supremacy over the federal authority In this area. This was further reinforced by the Constitution's text on the possibility that the region Government could amend the application of federal law in the case of a conflict or contradiction between it and the region law. The research concluded by distinguishing between two types of competencies: The first type is the competencies that are equal and similar between regions and governorates that are not organized in a region without distinction or distinction of one another. The second type is the competencies that are characterized the regions for the governorates not organized in region. These are not insignificant competencies, it makes the region in distinguished constitutional position according to governorates that are not organized in a region. As for the governorates that are not organized in a region, the constitution texts for broad administrative and financial powers in accordance with the principle of administrative decentralization. However, we found that the Constitution went even further, so it offers competencies what it would bring out from administrative decentralization to political decentralization in some cases. These are the competencies in which the constitution is equated with the regions, which is promoted in these competencies to the limits of political decentralization, which is a characteristic of the regions in the federal system. This trend has been strengthened in the law of governorates not organized in Region No. 21 of 2008 and its amendments.

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