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THE JUDICAL BASIS FOR THE BRANCHING OUT OF CONSTITUTIONAL RIGHT

The bifurcation of the constitutional rights of one of the techniques used by the constitutional court to expand the scope of the constitutional right to explicit, and access to the fact that guarantees constitutional rights, and establishes the constitutional elimination of this technique on a particular bond is the constitutional terms of reference, and in the light of his discretion in the exercise of the constitutional powers of , and tends at times To the adoption of a broad branching approach, which confers on the constitutional text containing constitutional rights a wider scope than the scope of an explicit right.

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Publication Date
Fri Dec 31 2021
Journal Name
Journal Of Legal Sciences
The legal basis for the right to the city (a comparative study)

The issue of human rights occupies great importance on the academia as well as in the reality, especially after the spread of ideas related to these rights on one hand and the large number of violations they are exposed to on the other hand, which makes it necessary to develop fundamental solutions to the remove the obstacles of implementing human rights.

      In this research entitled (The Legal Basis of the Right to the City: A Comparative Study) we dealt with a new concept of human rights and discussed the basis upon which it is based in international charters, constitutions and domestic laws.

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The right to equality and the position of the constitutional judiciary

The public rights and freedoms are important constitutional issues; hence, all countries confirm them within the constitutional and legal texts. The principle of equality is considered one of the fundamental principles of the public rights and freedoms; therefore, all authorities must sponsor equality and maintain it, even though it is difficult to achieve equality in absolute terms among all individuals. The constitutional courts use various concepts that affect their rulings, based on their interpretation and determination of the concept of the principle of equality, because there are several understandings of the “principle of equality”.

 A careful reading of the judicial decisions reveals different meanings to the co

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Constitutional protection of the Human Right Dignity in UAE Law

God Almighty created Man and made him his successor on Earth. He honored him above all other creatures and granted him all means to protect his human dignity, yet to date some societies violate and breach that protection. We are still hearing of the persecution of blacks in the USA and murdering Muslims in foreign countries even though these groups are entitled to the right to human dignity. The right to human dignity is a sacred right that is guaranteed for all individuals regardless of their color, sex, race, religion or origin. The real problem we are facing is that many societies do not provide sufficient protection for this right and do not put penalties and punishment in case this right is violated. There are numerous forms of the

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Publication Date
Fri Jul 01 2022
Journal Name
Resmilitaris
The right to property is a constitutional restriction on the work of the tax legislator

The study aims to reach a common point that achieves a balance between two interests, which are generally in conflict with the public interest and the interest of the individual owner of private property, by extrapolating the provisions of the constitutional judiciary that include the protection of private property, and this protection extends to every right of financial value and is not limited to a specific type, but It included everything that can be estimated with money, as ownership is no longer an advantage for the owner, but rather has become a right for him and a social function. The tax is imposed on what is derived from it, but if there is a need to prejudice it, the conditions, limits and restrictions expressly stipulated in the

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Scopus
Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The Constitutional and Legal Basis of National Human Rights Institutions in Iraq and their Compatibility with International Standards

The issue of human rights has become an international obligation of States, and the mere recognition of these rights by States, no matter how clear and precise, does not constitute a guarantee in itself. The state shall assume its status to respect human rights and fundamental freedoms. The national protection mechanisms are diverse. They are either constitutional, judicial or political. Human rights in Iraq, as each institution or body to be able to exercise its powers, must be based on a legislative basis, whether legal or constitutional basis, In order to achieve its goal of promoting and protecting human rights.

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The constitutional treatment of the constitutional deficiency “diagnosis and treatments” study within the framework of the Iraqi constitution for the year2005

          Constitutions, no matter how divided and separated in the constitutional rules, the perception that there is a constitutional deficiency here or there in constitutional matters is inevitable, so the constituent authority cannot claim infallibility or negligence and is fortified in the circle of legislative deficiency.  Treated by modification and judicial interpretation.

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Legal Basis for Negotiations in International Armed Conflicts

Negotiations are among the best means that countries use to achieve their various objectives in foreign policy, precisely because of the high degree of influence that this tool exerts in this field, and the extent of its link with other peaceful diplomatic means.

On the other hand, negotiations represent the best way to move away from the option of war or perhaps settle it. This is mainly related to the efforts of states to employ this method as a method for dealings among themselves, and thus negotiations represent a supreme value that is indispensable for states, as they represent a clear and universally accepted method of work related to the maintenance of peace and security International as a culture in the relations of state

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Publication Date
Tue Aug 01 2023
Journal Name
Journal Of Engineering
Simulation of the Entrance to the Escape of the Flood Branching from the Diyala River

The Diyala River is considered the third most important river in Iraq. However, in the recent period, Diyala Governorate has been subject to several floods. This study aims to simulate an efficient labyrinth weir at the flood escape entrance branching from the Diyala River to reach the best entrance through which the flood waves can pass safely. The discharge coefficient was calculated laboratory for five types of trapezoidal side labyrinth weirs with different sidewall angles. Results showed that the coefficient discharge for the trapezoidal labyrinth side weir with an angle of the sidewall is 75ᵒ and has a discharge coefficient greater than the rest of the labyrinth side weirs. The second part of this study is valida

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
The legal basis for international cooperation in suppressing the crime of financing terrorism

 The international society  feels the need to  the  placement of  means and  legal measures  and procedures  to fight the terrorism- financing crime   ,  thus  the UN  has issued  the international convention to fight  the financing of terrorism  for the year 1999 and a number of resolutions  undertaking to control  the terrorism funders  in the world,  specially the resolution  1373 for the year  2001  and followed by a number of states . The countries    have placed  legislations  suited with  the conditions of every state,  but all of these countries  agree  to confront  t

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Publication Date
Wed Jun 26 2019
Journal Name
Iraqi Journal Of Science
On the Grobner Basis of the Toric Ideal for 3 X n- Contingency Tables

In this paper, The Grobner basis of the Toric Ideal for - contingency tables related with the Markov basis B introduced by Hussein S. MH, Abdulrahman H. M in 2018 is found. Also, the Grobner basis is a reduced and universal Grobner basis are shown.

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