The dialectic of power and control between centers and peripheries: A political and legal reading of the powers and positions of development (Baghdad Governorate as a model

Abstract

Abstract:

This study examines the legislative foundations and practical dimensions of the local administration system in the Republic of Iraq, as established under the 2005 Constitution and the Law on Governorates Not Incorporated into a Region No. (21) of 2008, as amended. The research problem centers on the persistent institutional dysfunction and the ongoing conflict over administrative and financial authority between the traditional centralized control exercised by federal ministries and the decentralized powers granted to governors and provincial councils.

The study primarily seeks to analyze the legal and institutional status of the governor by examining the scope of executive powers, supervisory responsibilities, and the legal mechanisms governing appointment, accountability, and judicial dismissal from office. To achieve its objectives, the research adopts a descriptive-analytical approach to examine the relevant legal provisions and interpret the legislature’s intent, complemented by a comparative critical approach to assess the implementation of these provisions in the context of public service delivery and local development. The study concludes that the gap between the legislative framework and practical implementation is fundamentally attributable to the failure to effectively transfer powers from federal ministries to local authorities, as well as the absence of genuine financial autonomy based on sustainable local revenues. Consequently, local administrations remain heavily dependent on the centrally funded national budget, limiting their institutional effectiveness and their capacity to achieve the objectives of administrative decentralization.