Practical Challenges of Separation of Powers Between the Central Government and the Kurdistan Region in the Iraqi Constitution

Abstract

The principle of separation of powers, as the cornerstone of constitutional government and the rule of law, faces significant practical challenges within the federal system of Iraq, particularly in the relationship between the central government in Baghdad and the Kurdistan Regional Government (KRG). The Iraqi Constitution formally recognizes the federal system. It grants various competences for implementing federalism and, based on the principle of division of powers and responsibilities, establishes coordination and balance between the federal government and local governments. This article examines the constitutional framework established by the 2005 Iraqi Constitution, which recognized Kurdistan as a federal region with legislative, executive, and judicial powers, and analyzes the ongoing disputes between federal and regional authorities. Through the study of key constitutional provisions, Federal Supreme Court rulings, and practical governance issues, the research demonstrates how the theoretical guarantees of the Constitution have been undermined by political, economic, and legal conflicts. The analysis focuses on critical areas such as oil and gas governance, revenue distribution, electoral procedures, and judicial independence, showing how ambiguity in constitutional provisions has led to competing interpretations and institutional disputes. The findings reveal that while the Iraqi Constitution theoretically establishes a framework for federal governance based on separation of powers, its practical implementation has been obstructed by centralizing tendencies, judicial overreach, and the lack of effective mechanisms for resolving federal–regional disputes. This study contributes to understanding the broader challenges faced by federal systems in post-conflict states and the complex relationship between constitutional design and political reality.