al Organization of the Provincial Councils in Iraq: A Study of Administrative Decentralization

The systems of local administration or local government vary among countries in their adoption of two methods in their administrative organization, namely administrative centralization and decentralization. The constitution of the republic of Iraq for the year 2005 adopted the principle of decentralization in administration. The regional government and the provincial councils are not appointed by the centers, but rather come through direct elections, and therefore are directly responsible to the voters. Provincial councils in Iraq – A study in administrative decentralization by analyzing and comparing legal texts and judicial rulings, and arriving at we reached a number of results, The most important of which were: The provincial councils, As a decentralized body, Cannot issue legislation by force of law, But have the authority to issue administrative decisions in the financial and administrative aspect according to the principle of administrative decentralization and within the boundaries of the province, And also based on its role in administrative decentralization, It has oversight jurisdiction, As the law grants provincial councils the right to monitor all activities and executive bodies in the province, With the exception of courts, military units, Colleges and institutes to ensure the proper performance of their work. The courts from the oversight of the provincial councils is only an application of the principle of separation of powers. As for the institutes and colleges, they are national public facilities that provide their public services to all beneficiaries without limiting their services to the province. As for the exclusion of military units from the scope of the oversight of the provincial councils, it is a reflection of the will of the constitutional legislator. Which made the establishment and management of the armed forces among the exclusive powers of the federal authorities Finally, The Iraqi legislator sealed the parties exempted from the control of the provincial councils in the departments of federal jurisdiction with an unclear and floating phrase that raises confusion and ambiguity, As the legislator did not specify what those departments with federal jurisdiction do.