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Discretionary role of the provisions of the Court of Cessation
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   Discretionary role of the provisions of the Federal Court of Cassation occupies a distinct role in the drafting of the legal base, thanks to vocational and higher professional level, which is practiced by this court in the adaptation of the civil law in light of the changing conditions of the community with the survival of inertia that characterizes the legal basis, so that the legislator important for precision and perfection in his work in drafting this rule, it cannot take in everything and put the necessary solutions to all the new issues that appear in the society. Therefore, the courts in this case is keen to reconcile the provisions of fixed base and the changing conditions of society , in order to reach the intent of the legislature and give new meaning fixed base , be more suited to the conditions of the society in which they are applied.

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
Methodology of criminal judiciary in developing the legal rule
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Every mental action has a clear approach resulting from a sequence of thinking towards the goal to be achieved, and in order that the legal rule - to be developed - finds its acceptance by the highest degree criminal courts, and in order that it is adopted by the legislator, the criminal judge should adopt a certain methodology that matches his work. The developed judge is the one who keeps trying to harmonize the text with the new reality, and by doing this he may oppose the direction of the higher courts, but he convinces them through all the mental procedures and processes to show a “truth” on which the best solutions can be built.

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Self-Controls of the Federal Supreme Court in the Interpretation of Legislative - Commentary on Federal Supreme Court Decision No. (48/Federal/2021)
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       اصدرت المحكمة الاتحادية العليا قرارها المرقم (48/اتحادية /2021) في 6/6/2021 والمتضمن تقرير اختصاص المحكمة الاتحادية العليا الاستثنائي بتفسير التشريعات سواء كان التفسير بمناسبة الفصل بمنازعه معروضه امامها للفصل بدستورية نص او تشريع، او بناء على طلب اصلي بالتفسير من احد السلطات الاتحادية، ووفق ضوابط محددة ذكرتها في قرارها

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Legal Nature of the Central Criminal Court
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In this paper, we discussed the legal nature of the Central Criminal Court with two demands: the first relates to the legal basis of the Central Criminal Court, and the second is related to the criminal justice system.

          With regard to the first demand, we have highlighted the stage after the change of the political system in Iraq in 2003 and the subsequent assumption of the US Governor for Civil Administration Affairs in the country and the issuance of a number of resolutions, including what we discussed in the first section (the first legislation No. 13 of 2003 ), Which included twenty-three sections, some showing how the Central Court was formed and the most important rules

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Publication Date
Sun Dec 01 2013
Journal Name
Political Sciences Journal
The legal provisions of the continental shelf in international law
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الأحكام القانونية للجرف القاري في القانون الدولي

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The higher federal court original specialty in dissolve the conflict of jurisdiction
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The Supreme Federal Court of Iraq was established by the Federal Supreme Court Law No. (30) For the year 2005 on the basis of the provisions of the Iraqi State Administration Law for the transitional period of 2004. The law included a clear reference to the main purpose for which the Federal Supreme Court was established, the separation of jurisdictions between different levels of government, as well as its competence to control the constitutionality of laws. It was also referred to in the Constitution of 2005 and defined its powers in Article (93) of it, in addition to the other terms of reference in the other articles of the Constitution and the laws in force, and from reading the texts of the above Constitution, the Federal Supreme Co

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Commentary on Federal Supreme Court Decision No. 158 of 2022 - The Federal Supreme Court and Controls for Self-Relinquishment of Judicial Rulings
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العدول عن الاحكام في القضاء الدستوري ظاهرة قضائية مستقرة في معظم المحاكم العليا ، والسبب يرجع الى ما تتمتع به هذه احكام هذه المحاكم من حجية مطلقة ترجع الى كونها غير قابلة للطعن بطرق الطعن القضائية المعروفة على مستوى القضاء العادي ، والمحكمة الاتحادية العليا في رغم حداثة تشكليها نسبياً الى انها اخذت بما انتهى اليه القضاء الدستوري في العالم ومنه الاخذ بمبدأ العدول القضائي استجابة للمتغيرات السياسية والاقتص

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Publication Date
Wed Sep 30 2020
Journal Name
College Of Islamic Sciences
Arabization and its contemporary applications A jurisprudential study of the provisions and certifications of Arabization and migration
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The place in which the person lives and his geographical and social environment have a great impact on building his personality, belief and culture, Islam has alerted the importance of the Muslim to make sure to choose the appropriate place in which he resides and dwells in that it is compatible with his religion and belief in order to ensure communication with Islamic knowledge in a way that enhances his belief Arabization occurs when a person makes himself an Arab by living the life of the Bedouins, and creates the morals of the Bedouins from the inhabitants of the Badia with its harshness, cruelty, ignorance and lack of understanding in religion and far from the sources of knowledge of Islamic knowledge. Blasphemy and polytheism, and

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Publication Date
Wed Jun 30 2021
Journal Name
College Of Islamic Sciences
the role of educcation in shaping individual values
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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Conflict of Jurisdiction between the Federal Supreme Court and the Administrative Judiciary in Iraq : Analytical Study
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      It is recognized, that the constitutional text is the binding rule for all persons of the state, whether rulers or ruled, with all the contents of the constitutional texts, and thus the three authorities; Legislative, judicial, and executive are bound by the content of these texts, as it is not possible for any of these authorities to confer their own visions and perceptions on the constitutional text, so it is necessary to return to the will of the constitutional founder, in order to clarify the meaning that he seeks by placing that text. This includes the content of Article (93/Third) of the Constitution of Iraq for the year 2005, which referred to the disputes that the Federal Supreme Court is competent

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The Legal Value of Indirect Clauses Restricting the Provisions of Guaranteeing Latent Defect in Sales
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The study addresses a set of indirect clauses that exempt from guaranteeing latent defect in sale contracts, in particular contracts between professional and consumer or normal contractor. The analytical comparative method has been adopted in this study through tackling the viewpoints of scholars and judiciary, and analyzing these in the framework of the Mejeleh, applicable in Palestine, along with the civil codes of Egypt, Jordan and Qatar. The study seeks to derive the legal value of the contractual clauses under consideration, and to indicate to what extent the legislator and judiciary contributed in achieving the economic balance of the contract between the two parties.

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