The constitutionality Review of laws is restricted by a set of controls, including the officer of non-exercise of control only when absolutely necessary, and compliance is achieved when the sub-payment terms, which are the seriousness of the sub-payment and the need for direct personal interest, And it is not so, unless the payment is serious and achieves a personal interest directly to one of the parties to the original case. It is also necessary to comply with the submission of the constitutional action within the specified time for the countries that require such as Egypt.
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
... Show MoreThe plea of lack of jurisdiction is the most important formal defense in the administrative judiciary, it is a denial of the court’s authority in hearing the case for its deviation from the limits of the jurisdiction that the law has decided for it, and if that court issues a decision in pleading not to have jurisdiction directed at it, the matter does not deviate from one of two decisions, it is either to decide that it is She is competent to hear the case, so she refuses the payment and proceeds to examine the matter, or she decides to accept the defense of lack of jurisdiction raised by the litigants, or on her own if the matter is related to the public order, and she must here refer the case to
... Show MoreThe 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
... Show MoreAcademic 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
... Show MorePraise be to God, Lord of the worlds, and prayers and peace be upon the master of the messengers, his family and all his companions. And after:
This research talks about a topic that has taken a great deal of attention and controversy among many Arabic language scholars, which is the subject of poetic necessity, but it does not talk about the necessity in general, but one of the scholars and writers who had stances and references to this issue was chosen in many places from their books. Abu Al-Ala 'Al-Maari was among the scholars who dealt with this issue on numerous occasions and occasions, and this was evident in his books.
We chose this topic to see how Abu Al-Ala
... Show Moreيصدر القضاء الدستوري احكامه على وفق اختصاصاته المتعددة ، وأخصها احكامه المعدمة للقوانين المخالفة للدستور ، لذا فإن ذاتية احكامه وصفاتها تمايزت عما سواها من الاحكام القضائية ، وامتازت عليها بخصائص العموم والالزام المطلق والبتات النهائي ؛ من هنا تقايست تلك الاحكام مع القواعد القانونية التي تسن بخصائص العموم والتجريد حتى باتت تنشر بالجريدة الرسمية ذاتها وأصبحت لا تقبل المطاعن التمييزية كونها مقترنة بقرينة
... Show MoreConstruction projects have become a changing dramatically in recent decades and that the goal of the beneficiaries of the implementation of structural project is to complete the work with less time and within the cost of the specific and the best possible quality may sometimes happen that highlights the importance of time on the rest of the items at the implementation of projects for various reasons, including the need to use the project as soon as possible possible change rapidly to customer's requests, but the high cost of the project represents the biggest obstacle for entrepreneurs with its effects on the quality and the time workers, and is a measure of those elements in monetary terms is the key to integration between them, so the
... Show MoreSummary
This research is included in the study of one of the most important rules of jurisprudence, which is (necessity descends the status of necessity, controls and applications) branching from the major rule (hardship brings facilitation) and since the jurisprudential rule is defined as knowledge of a total or majority rule that applies to all its parts. He has to know all the branches that fall under him, which leads to understanding Sharia, controlling jurisprudential issues and linking them to its rules, so that no contradiction occurs, and he has the jurisprudential faculty that he promotes in consideration and diligence. And what is meant by need: is what is lacking in terms of expansion and raising the distress that often lea
The provider of electronic payment services for funds is a financial institution that provides electronic payment services to users, this entity has been created in light of developments in the means of payment, and the need for electronic commerce for them, and in Iraq a system of electronic payment services for money No. 3 of 2014 has been developed and organized in it All provisions related to the payment services provider, while leaving the general issues subject to the general rules in the Banking Law, the Law on the Central Bank and the relevant laws. The payment service provider provides payment services provided by banks, except for services related to credit facilities (loans and advances). The central bank has prevented the pro
... Show Moreالناس أصناف منهم من يحب ومنهم من يكره ومنهم بينَ بين لا تعرفه مُحبّاً ولا كارهاً!! وإذا أسقطنا هذا التصنيف على المعلم، فسيكون لدينا ثلاثة أيضاً: معلم محبُّ لتلاميذه، ومعلمٌ مُبغض لهم، وثالث لا تحس منه حباً ولا كرهاً، يؤدي واجبه بشكل آلي بغير عاطفة.
الحب أصل والبغض فرع، والحب قاعدة والبغض استثناء، كما إن الرفق خير والعنف شرّ، والوحدة رحمة والفُرقة عذاب، كما إنّ الخير أصلٌ والشرّ طار
... Show More