The federal authority’s monitoring of the performance of decentralized administrations: the case of Baghdad Provincial Council )) Empirical Study((

Abstract

The political system in Iraq after the year 2003 took different forms expressed by the legal and constitutional texts on the nature of the separation of powers according to the parliamentary system, starting with the Iraqi State Administration Law for the transitional period of 2004, up to the stage of preparing the draft of the permanent constitution for the year 2005. First, the Law of Governorates not incorporated in a region emphasized the application of administrative decentralization. However, the neglect or weakness of the oversight role over the provincial councils was clear in the constitution until the ordinary legislator realized that the constitutional legislator neglected the oversight pillar by not subjecting these councils to any ministerial control or supervision. According to the Law of the Provinces in force No. (21) of 2008 governorate councils must be subjected to the supervision the oversight of the Iraqi Council of Representatives. Thus, monitoring the performance of the decentralized administrative entities must be exercised by both federal and local authorities in accordance with the constitution in order to preserve the unity of the state politically and legally. It was found after the survey conducted by researchers on a sample of Members of the Baghdad Provincial Council that there is an apparent absence of any federal oversight role over the local bodies and entities.