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The role of constitutional judiciary in the protection of academic freedom in Iraq: Comparative study

Academic freedom is a human right, and if human rights are general rights, academic freedom is a special freedom for members of the academic community. Despite the modernity of the term "academic freedom", its content was not the result of the contemporary state of scientific academic bodies, That the development of the importance of this term coincided with the development of the exercise of public freedoms, and increased interest in and protection, so the number and expanded images of academic freedom, and was a manifestation of interest in this freedom to try to determine the content or what it is and pictures, The first of these guarantees is the supervision of the constitutionality of the laws, which are carried out through judicial supervision and it works to ascertain the extent to which the legislative or executive work conforms to the provisions of the Constitution. The mismatches mean the repeal of the law which did not conform to the provisions of the Constitution. Related to its general meaning, which we examined in the form of two subjects, the first of which we devoted to the definition of academic freedom, and dealt in the second role of the constitutional judiciary in the protection of academic freedom.

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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 Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Mandate of the Constitutional Judiciary to Guarantee the Future Ownership

تكفل الدساتير الملكية العامة للمواطنين جميعاً (1)، كما تصون الملكية الخاصة (2)، والملاحظ بجلاء أن الدستور في اطار حمايته للملكية العامة والخاصة يطلقهما دون مقيد، ويعممهما دون مخصص، ومؤداه أن الأصل هو ضمان الملكية بنطاقها الشخصي والموضوعي المطلق أما الاستثناء عليهما يستوجب التصريح ولا تغني الدلالة أو التأويل دون نص مخصص أو مقيد يرد في الدستور، مما يتطلب من القضاء الدستوري أن يبسط ولايته على حماية

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Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The scope of parliamentary immunity in the UAE Constitutional organization: Comparative Study

The immunity enjoyed by members of parliament is one of the most important guarantees for the performance of their parliamentary work, which protects them from threats or any reprisals against them.

There are two types of immunity:

  Objective immunity: the member does not bear any responsibility for the opinions, ideas, and statements he expresses within the council or its committees, but even outside it by some systems.

  Procedural immunity: that prevents criminal actions from being taken during or outside the session of the Council, with the approval of a body specified by the constitutions of the countries under study, but it is restricted by conditions and controls stipulated. It contains constitut

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Publication Date
Fri Dec 20 2019
Journal Name
College Of Islamic Sciences
The role of a teacher of Islamic education In explaining the concepts of political freedom Educational guidance study

The political struggle being waged by Muslims today is one of the most important issues that have preoccupied the Arab and international media, and the failures that have afflicted Muslims in our contemporary world have negatively affected the younger generations and led them, and with the influence of anti-Islam media, to rely on accusing Islam as a religion with all the negative in Islamic and Arab society . So secularism took its role in spreading these concepts by deviating from its course from the concept of science to the concept of (the religion).
    From here the calls for reform rose to return the Muslims to the incubator of Islam, so people turned around them, but they turned into competing Islamic polit

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Administrative protection of young people in Iraq Comparative study with the United Arab Emirates

Because of what Iraq faced in the last quarter of the last century of wars and military conflicts and the aftermath of the economic blockade, as well as the recent occupation suffered by Iraq in the contemporary century, which culminated in lawlessness and the spread of terrorism and the most prominent on the Iraqi street manifestations not prepared before paved to the aggravation and collapse in the community system As a result of the political and social changes, all this highlighted the need for public facilities specialized in social protection for young people to provide all the new requirements, and the find a legal system commensurate with the circumstances and circumstances.

In light of the current challenges, the State h

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
The tax judiciary is a guarantee of economic rights and freedoms in Iraq

The tax legal system, with its rules relating to imposing and assessing the tax and how to collect it, is one of the issues that the taxpayer is keen to follow-up on and caring about, but the aforementioned system is contested by two conflicting interests, the taxpayer’s interest in the view of a money-cutter and a means of always depriving of his wealth to the tax-imposing authority that It seeks to ensure the regular and steady flow of financial resources to the public treasury, which necessitates the presence of a judicial body entrusted with the task of securing a balance between these two conflicting interests from issues that consider themselves strongly in the tax field. It is one of the oldest human rights and public freedoms,

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Publication Date
Thu Feb 04 2016
Journal Name
Iraqi Journal Of Market Research And Consumer Protection
Study in the procedural provisions of the action consumption incidents A comparative study Under Iraqi Consumer Protection Act No. 1 of 2010.: Study in the procedural provisions of the action consumption incidents A comparative study Under Iraqi Consumer Protection Act No. 1 of 2010.

This research Sheds highlights the procedural protections that must be enjoyed by the consumer in the face of the product, which is the protection of no less dangerous than the substantive protection of our obligations and duties delivered by the legislature upon the product of consumer interest, what is the benefit of the right if the access road to him complicated, so know The consumer has a right to the face of the product, but leaves the claim, either to ignorance For access to this right either to the difficulty of connecting to him.
That this research modest attempt we tried through which to focus on the way to the consumer behavior of arrived right, as we tried to highlight the weaknesses and the complexity of the procedure to

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Role of the Lawyer in the Administrative Lawsuit: A Comparative Study

The legislators in (France, Egypt and Syria) set controls for filing an administrative lawsuit, including the signature of the lawsuit petition by a lawyer accepted before the court, and the lawyer is committed to performing his work in accordance with the conditions of the State Council and the practice of the legal profession. And if the goal of the legislator is to achieve the public and private interest represented in observing the law and assisting the plaintiff legally, then this condition sometimes leads to individuals refraining from resorting to the judiciary because of the financial cost of registration fees and lawyers, which prompted the legislator, especially the French, to exempt several lawsuits from this condition, includ

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Role of the Judiciary in Legislating Civil Liability for Damages Caused by Medical Errors

This research discussed the role of the UAE high courts in interpreting the legal texts governing the objective civil protection for the injured due to medical errors. It utilized many issued judgments and concluded the importance of these rulings in interpreting the legal texts provided in the relevant legislation. Also, it emphasized the impact of these provisions on the legislative amendments recently made by the UAE legislator, namely the Medical Liability Law No. 4 of 2016 and its Executive Regulation No. 40 of 2019. Although the UAE law does not follow the case law system, this study proved the commitment of the lower courts to the judicial principles issued by these higher courts. The first part highlighted the concept of medical

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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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