Constitutional regulation of the competencies of the legislative authority in the federal state (a comparative study).

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

It is no secret to anyone the legislative system in the federal state, where the federal state consists of several regions, emirates, or states. There are laws governing all these regions, all of which are subject to these laws, for example, the Iraqi Penal Code No. 111 of 1969, the Iraqi Civil Code No. 40 of 1951 and its amendments, and other general laws and legislations to which all regions are bound, while there are local laws that the legislator leaves to each region the authority to regulate the appropriate laws, which is stipulated in Article 121 of the Iraqi Constitution of 2005, which stipulates that:  "First: The authorities of the Länder shall have the right to exercise legislative, executive and judicial powers in accordance with the provisions of this Constitution, except as provided for in the exclusive competence of the federal authorities. Second: The regional authority has the right to amend the application of federal law in the region, in the event of a contradiction or conflict between federal law and the law of the region on a matter not within the exclusive competence of the federal authorities.

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