이라크 연방제도에 관한 연구

A Study on the Iraqi Federal System – Focusing on the 2005 New Constitution and Federalism Act -

Since the U.S.-Iraq War in 2003, Iraq broke up seriously, and as Sadam’s Sunni regime collapsed, Iraqi Constitution was adopted through a referendum in 2005. Since the concept of the Iraqi Federal System is a concept in contrast to the tradition of Iraq, which had been a centralized country, it was somewhat difficult and very controversial to adopt the Federalism Act. Thus, this researcher took the Iraqi Federal System achieved by the adoption of the Constitution in 2005 and the enactment of the Federal System Act in 2006, which has continuously been an issue in Iraq as a subject. Through this, this study would investigate the characteristics of the Iraqi Federal System. As a research method for this, this study would analyze the contents of the Constitution and other provisions related to the Iraqi Federal System. In addition, this study would investigate and reveal the limitation of the federal system. Through this study, the political and administrative stabilization can be expected in Iraq. Moreover, since it can be a role model of the federal system for surrounding nations, where Kurdistans reside, it is worth studying academically. Since as a characteristic of Iraqi Federal System, there is only one federated region, Kurdistan, in it, it is near federacy rather than a federation. The Iraqi federal government introduces the parliamentary government. The legislative branch, that is, the federal assembly consists of the council of the representatives (lower house) and federal council (upper house). The council of the representatives was organized in 2005 and has functioned successfully, while the federal council exists only on paper, which is a limitation. Kurdistan Regional Government (KRG) enjoys complete independence and autonomy in its jurisdiction. The Kurdistan regional government is in the form of a presidential system of government. Iraq has still shown problems of the Constitution and the Federal System Act, despite it has been already about 10 years since it enacted the federal system. If it overcomes these problems, Iraq will be able to institutionalize a high-level federal system.