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The efficacy of the constitutional organization of the Iraqi freedom to choose his personal status in the Iraqi constitution

We concluded that the issue of freedom in general is one of the important issues of the constitutional legislator, so he was keen to include it in the introduction and content of his texts, because the society suffered from scourge and injustice  And tyranny by the rulers and the ruled made freedom at the mercy of their fatwas. The international and Arab declarations stipulated the necessity of giving public freedoms without racial or national discrimination, but rather for all humanity. It has arranged consequences for those who failed to abide by the conventions, encouraging them to urge national legislators to stipulate public freedoms in Their constitutions, including our desired freedom here, is the freedom of the Iraqi. The constitutions under study clearly stipulated them, and the other varied between referral in vague forms and referral to a religious authority to link it to it.  Multiple laws for all Lebanese and for all segments to choose, according to their religious and spiritual affiliations, their personal status, such as marriage, divorce, ordination, inheritance, and other matters.  As for the Egyptian constitutional legislator, it referred the issue of personal status, according to the 2014 constitution, to regulate it to Al-Azhar, because the Egyptian legislator linked freedom of personal status to religion, and the one responsible for all religious affairs is Al-Azhar Al-Sharif with the statement of the constitution. As for the Iraqi legislator, its texts varied in the old time in  His constitution in 1925 clearly and explicitly stipulated the principle of freedom of personal status, which is considered the first building block for its emergence in the Iraqi constitutional custom. This freedom disappeared under the following constitutions. Rather, this freedom was arbitrarily arbitrarily in the hands of a dictatorial authority that brought together the three authorities. Until the change came in 2003, it  Our desired freedom was breathed by the decision of the Governing Council to abolish the personal status law and to work according to sects, but it did not see the light because it was objected by (Bremer) and it was revoked.  Their personal status according to religion, sect and choice, but he referred the subject of its regulation to the law, and the law has not yet looked into the matter of organizing it, which made it an ink on the  Paper and reflected negatively on the unity of the Iraqi fabric, forcing individuals not to review the personal status courts because of the violation of the law because of their affiliation. There are many evidences we brought in the search for the dire and devastating effects of families because of the silence of the law sometimes and at other times because of the lack of organization of the personal conditions of Iraqis in line with their aspirations and religious affiliations

          But the text alone is not sufficient unless it is surrounded by a legal sanction. The Federal Supreme Court moves in order to protect rights and public freedoms, so it was surrounded by general and private guarantees to protect the freedom of personal status from banners on it.

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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 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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Publication Date
Fri Jan 10 2020
Journal Name
Journal Of Legal Sciences
Retreating the standard of defendant's nationality in personal status

Contemporary private international law sometimes allows parties to choose the law applicable to their personal relations. This approach is applicable at both levels: national legislation and international conventions, for example national legislation, Belgian private international law of 2004 and other laws of North American countries as well as German law. In terms of international agreements, we have noted that the Rome Statute III represents an important stage for the revision of the criterion of nationality before the will of the law of will, as this standard now determines how to reach the substantive provisions of the applicable law. The immediate aim of addressing this issue was to determine the extent to which Article 19 of the I

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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

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
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
Constitutional and legislative regulation for the seat vacancy of the member of the House of Representative in Iraq

Our research, entitled "The constitutional and legal regulation of the vacancy of the seat of the member of the House of Representatives in Iraq", to study the most important reasons it follows the vacancy of the seat and the ways filling it , belief in the importance of this subject because the MP represents the entire people and exercises many powers In which you notice will electorate and their ambitions, so this study focused on the statement of the constitutional and legal organization of the reasons that result in the vacancy , And the way adopted in filling vacant parliamentary seats according to Article (49) of the Constitution of Iraq for the year 2005 and the law of the elections of members of the House of Representatives for 2

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Publication Date
Wed Apr 10 2019
Journal Name
Journal Of Legal Sciences
Constitutional conformity between the provisions of the Income Tax Law No. 113 of 1982, amended and the constitutional principles and rights

     The idea of ​​congruence with constitutionality is based on the extent to which the minimum laws comply with the supreme constitution, because the latter contains constitutional principles and rules that have been established in the legal conscience of the nation and gained the satisfaction of the people.

    Based on the foregoing, ordinary laws derive their force and legitimate legitimacy from the extent of their commitment to the provisions of the Constitution and any violation must be amended the law contrary to the constitutional principles by canceling or abstain from application according to the regulatory system in force

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Publication Date
Sun Apr 01 2018
Journal Name
Journal Of Educational And Psychological Researches
The social organization of the Iraqi society "sociological study on the social arrangement in light of sociological analysis of some deviant behavior theories"

The current article focuses on studying the social organization reality of the Iraqi society; it aims to construct an Iraqi organized personality that believe in the principles of Islamic religion by making use of the sociology thoughts in explaining the strength of social organization, and the causes of social deviance in attempt of decreasing the deviance and strengthening the cohesion of Iraqi character.

The researchers put forward some questions: to what extent the western theoretical pattern can succeed in explaining the social organization of the Iraqi society? What is the more appropriate western theory for diagnosing the cohesion and deviance of the society? What is the s

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Constitutional Public Order and its Applications under The Constitution of The Republic of Iraq for The year 2005

This research deals with the idea of ​​a constitutional public order, determining its nature, and its applications in light of the Constitution of the Republic of Iraq for the year 2005, by reviewing the relevant constitutional and legal texts, and comparing them with the principles followed by the Federal Supreme Court on the one hand, as well as comparing the behavior of the Iraqi constitutional legislator with some Comparative trends relevant to this topic, especially in Egypt and France, in order to try to draw a road map related to this idea in Iraqi legislation and jurisdiction.

The importance of the research is the scarcity and lack of in-depth studies by constitutional jurists in Iraq despite their abundance in the wr

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The Constitutional concept of National security policy under the Constitution of the Republic of Iraq for the year 2005

The Constitution of the Republic of Iraq for the year 2005 dealt with the policy of national security as an exclusive competence of the federal authorities, and the policy of national security as one of the forms of general policies that the constitution enclosed in privacy when it was stipulated in particular, and this policy also attracted the attention of comparative constitutional examples, as it stipulated the formation of specialized constitutional councils to undertake The process of developing and implementing this policy, or forming specialized institutions for this matter, and according to the national security policy, the unity of policies in the state is ensured and directed towards achieving the requirements of Iraqi nationa

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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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