Preferred Language
Articles
/
jols-296
Administrative decentralization in Iraq's constitution 2005

After the occupation of Iraq and the overthrow of its regime on 9 April 2003, thinking was going to reshape the shape of the Iraqi State from a unified state to a federal state. In 2004, the Iraqi Governing Council passed the Transitional Administration Law, article 4 of which states that "the Iraqi regime is a federal, democratic and pluralistic republic." In Iraq's permanent federal constitution in 2005, he explained in his first article: "The Republic of Iraq is an independent and sovereign state, with a federal parliamentary parliamentary system of government  

Some problem added to the problems of Iraq and its crises. The research is based on two assumptions that Iraq needs a decentralized system, both political and administrative, to deal with the problems of Iraq, especially the problem of rights, and to consolidate democracy, establish it and build the state. The crises in Iraq will not end immediately if administrative decentralization and federalism are applied, but they will be mastered and controlled, and will be properly resolved rather than chaotic and conflictful for conflict

Crossref
View Publication Preview PDF
Quick Preview PDF
Publication Date
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
Applications of the popular referendum in the Constitution of Iraq 2005

Our research (applications of the popular referendum in the Constitution of Iraq 2005) speaks of the popular referendum, which is one of the most important means of expressing the will of the people directly, so as to ensure the participation of the act in the political decision-making in the state. Among us the most important referees working referendum in terms of definition and types and what A popular method is useful in direct political action and also dealt with the provisions of the referendum in the iraqi Constitution of the year2005.   

Crossref
View Publication Preview PDF
Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Conditions of candidacy for the House of Representatives under the Constitution of the Republic of Iraq for 2005: An analytical study

The electoral process is of great importance in the political system that takes parliamentary democracy and represents the main stream of democratic practice. The degree of urbanization and progress of peoples is measured by the criterion of practicing democracy. This practice is justified by the citizens' awareness and awareness of their political rights،  Election.

The right of candidacy is a real embodiment of the democratic dimension in allowing citizens to participate effectively In the administration of their country's affairs through parliamentary representation,  as well as activating citizens' exercise of their right to elect their representatives in the House of Representatives.

We have dealt with the

... Show More
Crossref
View Publication Preview PDF
Publication Date
Sat Dec 15 2018
Journal Name
Journal Of Legal Sciences
mbalance between the executive and legislative branches In the Constitution of the Republic of Iraq for 2005: A comparative study

The most important right parliamentary system features it is based on three key elements must be met in order for this system is characterized by Balbrlmana, and these features lie in cooperation and balance between the executive and legislative branches also lies in the equality between the two branches, and this can not be achieved unless there is a mutual understanding between them, and this understanding can only be achieved if all possessed the power of the media and the influence of pressure is what makes other power stands at a certain point

Therefore constitutional rules came in this system to decide the legislative authority of certain rights exercised in the face of the executive branch and check use effective on its wo

... Show More
Crossref
View Publication
Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
Territory independence according to the Constitution of the Republic of Iraq for the year 2005

One of the constituents of the autonomy of constituent units of the federal State is the existence of an independent legal existence and the right to self-organization, ie, the ability to organize itself freely and at its own volition, without being imposed by the federal authorities. It is the federal states or regions that establish their own constitutions as well as their domestic laws, political system and government regulations, in a manner not inconsistent with the federal constitution. Such an idea and its application in Iraq was the subject of our study entitled "Organic Independence of the Federal Regions in accordance with the Constitution of the Republic of Iraq of 2005".    

Crossref
View Publication Preview PDF
Publication Date
Sat Dec 01 2018
Journal Name
Political Sciences Journal
political culture as a tool to analyse Decentralization Experience in

It sheds light on the cultural dimension in the decentralized administration experience in Iraq as evaluation tool by adding a new dimension in studying decentralization in addition to the administrative, political and legal dimensions .The proposal of study is that without the civil political culture ,the administrative decentralization in Iraq which remains weak and it may be imposed to a set of problems. - The study includes an introduction, conclusion and a set of political and cultural issues , its components and it may have the political analysis of this culture and its role in determining the movement of the administrative decentralized movement in Iraq post 2003.

Crossref
View Publication Preview PDF
Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
A commentary on the Decision of the Federal court No. 90 for 2021, Reversal of the principle of judicial precedent in the constitution of Iraq for 2005

أصدرت المحكمة الاتحادية العليا قرارها المرقم 90/اتحادية/2019 الصادر في 28/4/2021 الذي جاء فيه (لابد للمحكمة الاتحادية العليا من العدول عن قراراتها السابقة بخصوص استحصال موافقة مجلس النواب بشكل مطلق عن أي جريمة يتهم بها أياً من أعضاء مجلس النواب واقتصار ذلك بحالة واحدة فقط وهي (عدم جواز تنفيذ مذكرة القبض الصادرة عن جريمة جناية غير مشهودة متهم بها عضو مجلس النواب خلال مدة الفصل التشريعي او خارجه الا بعد استحصال الاذن

... Show More
Crossref
View Publication Preview PDF
Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Actual Suspension of the Constitution of the Republic of Iraq for the Year (2005) and its Relationship to the Principle of Legality

The constitution is considered the supreme law in the state, as it clarifies the form of the state and the existing system of government in it, and defines its general authorities and their relationship to each other on the one hand, and their relationship to individuals on the other hand, and this is what the Iraqi constitutional legislator stipulated according to the constitution (2005).

However, one of the public authorities in the state may sometimes resort to stopping the implementation of some provisions of the constitution without relying on a constitutional text that gives it the authority to do this work, and this is what has been termed the actual suspension of the constitution.

What complicates the matter in Ir

... Show More
Crossref
View Publication Preview PDF
Publication Date
Fri Oct 28 2022
Journal Name
Political Sciences Journal
Decentralization in Iraq: Addressing The State – Society Gap

The implementation of decentralization in Iraq was asymmetrical, leading to different forms and paces of implementation. Comparing four cases of Basra, Kirkuk, Nineveh, and Sulaymaniyah indicate that these cases differ in their political stability and autonomy in a way that led to a different forms of decentralization. This paper argues that the higher the level of political autonomy from the federal government, the more efficient the governance model, and the more efficient the governance model, the more legitimate the system (trust), and the more legitimate a system, the more accountable elected officials. Therefore, it recommends reforming the institutional setup of decentralization by having districts, instead of provinces, as the bu

... Show More
Crossref
View Publication Preview PDF
Publication Date
Tue Jul 16 2019
Journal Name
Journal Of Legal Sciences
مسؤولية رئيس مجلس النواب في دستور جمهورية العراق لعام 2005: دراسة مقارنة

This research deals with the responsibility of the President of the House of Representatives in the Constitution of the Republic of Iraq for the year 2005 and comparative constitutions as it considered the leader of the legislative authority. Therefore we research the types of this responsibility, explain the boundaries in exercised it, so in relation to the dismissal or impeachment or disciplinary responsibility, whether to identify the reasons of responsibility or its competence authority to impose, and procedures should be followed.

Crossref
View Publication Preview PDF
Publication Date
Sat Sep 14 2019
Journal Name
Journal Of Legal Sciences
التنظيم الدستوري والقانوني لأسس مكافحة الفساد في ظل دستور جمهورية العراق 2005

Despite the differences of corruption from one place to another in the forms and the size of its spread and its impact on various aspects of life, is one of the most important causes of internal and external vulnerability of countries. Corruption in the jewel case Taatari disintegration of society as a result of loss of sovereignty core values, and the lack of respect for the law, and not to consecrate the concept of citizenship, and the absence of human rights and respect for the culture of the natural and spontaneous.                                     &nbsp

... Show More
Crossref
View Publication Preview PDF