THE ADMINISTRATIVE DECENTRALIZATION SYSTEM AND ITS IMPACT ON THE EFFECTIVENESS OF THE RIGHT TO EDUCATION

Abstract

The core idea of this research centers on administrative decentralization in distributing educational responsibilities between the central government—which is responsible for achieving national educational objectives based on solid foundations for state-building—and the local administrations, which are tasked with ensuring individuals enjoy their right to education within specific geographical boundaries.

This approach involves equitable distribution of resources, capabilities, and functional responsibilities, enhancing the efficiency of educational administration and offering greater flexibility in addressing field challenges. Therefore, effective coordination between both sides becomes a strategic necessity to guarantee the right to education as a fundamental right contributing to the development of an educated and advanced society.

It is worth noting that administrative decentralization means transferring decision-making authority to local bodies elected by local citizens, and it is more prevalent in federal states.

The Iraqi constitution adopted the principle of decentralization in governmental administration, marking a significant shift in the political system's development. The constitution granted substantial autonomy and broad powers to regions and governorates not organized into a region—powers they had not previously experienced.

This autonomy stems from the fact that provincial councils are not appointed by central authorities but are elected through direct elections and are directly accountable to voters. However, despite the allocation of powers to the regions, the central government, and the councils of governorates not organized into a region, there remains some ambiguity in determining their respective jurisdictions due to conflicting texts, political interests, and constitutional authorities.