LEGITIMACY OF ENFORCING ANNULLED IRAQI LAWS IN THE KURDISTAN REGION: PRIVATE LAWS AS AN EXAMPLE

Abstract

The Iraqi Permanent Constitution (2005) states that Iraq is a federal state in which the system of government is republican and representative (parliamentary) and recognizes the Kurdistan Region as a federal region. This system has enabled the federal (central) and Kurdistan Region powers to have legislative, executive and judicial authorities. The main function of the Iraqi Council of Representatives (Parliament) is to enact federal laws. Similarly, the Kurdistan Parliament has the right to enact laws and amend federal laws, except on matters within the exclusive authorities of the federal government. The problem of this study lies in the fact that there are several laws previously in force in Iraq, but were later annulled by the Iraqi Council of Representatives through the enactment of new laws; Despite their annulment, due to the pretext of not enacting implementation laws for the new laws, the annulled laws continue to be implemented in the Kurdistan Region. Therefore, the main purpose of this study is to demonstrate the extent of the legitimacy of the Iraqi laws’ applicability that have been annulled by the Iraqi Council of Representatives but are still in force in the Kurdistan Region, as well as presenting some of the private laws related to this issue. This study based on analytical and empirical methods, concludes that the constitutional articles and provisions relevant to the subject of our research lack clarity and fail to entirely resolve this problem. Consequently, in terms of practice, a legal and jurisprudential conflict emerges, wherein the Kurdistan Region legitimizes the applicability of annulled laws, while Iraqi federal authorities deny the legitimacy of them and advocate for the implementation of new laws, deemed more logical and constitutional.