The Federal Council in the Iraqi Constitutional System of 2005 Comparative Study

Abstract

The Federal Council, a constitutional institution meant to work alongside the Iraqi Council of Representatives, as is customary in comparable constitutional systems, is intended to contribute to the integrity of the legislative process. The Iraqi Constitution of 2005 established this council in Article 48/Chapter Three/Section One, reflecting the importance of consolidating the federal system. The constitutional legislator, seeking to ensure the rigour and importance of legislation, envisioned the council as a bulwark of justice, safeguarding the legislative text from partisan and sectarian interference and ensuring fair representation for all governorates through representatives from the regions and governorates not organised into a region. Despite its importance, the constitutional legislator, according to Article 65 of the Constitution, left the matter of membership, jurisdiction, and qualifications to the legislative authority. This was the primary and sole reason preventing the council's formation to date, despite the urgent need and practical importance of establishing it. This undoubtedly constitutes a legislative flaw that effectively crippled the second branch of the legislative authority, rendering it a single entity in practice rather than the bicameral one stipulated by the Constitution.