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The constitutional treatment of the constitutional deficiency “diagnosis and treatments” study within the framework of the Iraqi constitution for the year2005
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          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 Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Mandate of the Constitutional Judiciary to Guarantee the Future Ownership
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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
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
Granting Partial Confidence to The Ministry in Constitution of The Republic of Iraq 2005
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The Topics of Granting Confidence to the Ministry is a Renewed Issue in the Constitutional and Practical Reality. This is important if we know that although the Constitution of the Republic of Iraq does not address this issue, the Federal Supreme Court of Iraq has established new provisions regarding the granting of partial confidence to the Government despite the clarity and openness of the text of the article (76) of the Constitution of the Republic of Iraq for the year 2005, and therefore this study attempts to answer the following questions: Does the Federal Supreme Court have the amendment of the constitutional text? Is it possible to consider the decision of the Federal Court a customary constitutional custom of deletion if we know

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Publication Date
Wed Apr 07 2021
Journal Name
Journal Of Legal Sciences
The role of constitutional judiciary in the protection of academic freedom in Iraq: Comparative study
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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

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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
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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
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Political rights and their guarantees under the constitution of the Republic of Iraq 2005 (analytical study)
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        It guarantees the political rights of individuals to participate in public affairs and political life, but these rights require their protection by the existence of guarantees that guarantee the protection of these rights and ensure that they are actually exercised by individuals. The Constitution of the Republic of Iraq for the year 2005 We dealt with the type of protection granted to these rights, as well as the statement of the types of political rights and the position of the Constitution of the Republic of Iraq for the year 2005 towards them.

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Publication Date
Wed Apr 10 2019
Journal Name
Journal Of Legal Sciences
Constitutional Reform in Iraq (Federal Supreme Court Model
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This Research Deals With The Public and Private Aspects of Constitutional Reform in Iraq, and its focuses on The Organic and Substantive aspects of The Federal Supreme Court by harmonizing The Constitutional Texts with The Provisions of the Federal Supreme Court Law No. 30 of 2005 on the one hand, The constitutional and legal system currently existing with the practice of the Federal Supreme Court and the draft law of the Federal Supreme Court, the purpose of which is to achieve genuine constitutional reform that guarantees us the establishment of a constitutional institution capable of advancing its constitutional competencies according to the legal idea To the rule established by the drafters of the Constitution of the Republic of Iraq

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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
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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

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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
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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
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
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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

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Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
First Session of the House of Representatives under the Constitution of the Republic of Iraq for 2005: An analytical study
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The purpose of this study is to handle the constitutional and legal arrangement of the first session of the House of Representatives in Iraq, whether the procedural and objective aspects. the study also handle the practical problems associated with this session and its implications in relation to determining the mandate of the Council of Representatives, the President of the Republic and the Council of Ministers.

The study reviewed the position of some of the Iraqi and comparison constitutions of the first session of the parliament, and determine the previous or contemporary or subsequent procedures to hold the first session, and  it compares the theoretical constitutional reality with the practical political reality in orde

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