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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 writings of comparative jurisprudence, as well as the practical importance that is embodied in the knowledge of the position of the Iraqi constitutional judiciary represented by the Federal Supreme Court of the idea of ​​a constitutional public order, and the evaluation of these applications in the light of constitutional and legal texts .

The research aims at defining the frameworks and boundaries between the constitutional public order and the public system in other branches of law, as well as evaluating the constitutional formulation that the 2005 Constitution of the Republic of Iraq has applied in defining the idea of ​​a constitutional public order under the prevailing political, economic and social conditions, without losing sight of On evaluating the practical reality of applying the idea of ​​a constitutional public order in the decisions of the Federal Supreme Court.

Therefore, the question that the broadcast aims to explain is the extent to which the constitutional public order relates to many changing ideas in the jurisprudence of constitutional law. the most important of which are: in the idea of ​​including constitutional rules, the idea of ​​public order, and the prevailing legal idea, and then defining the boundaries between them.

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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".    

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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.   

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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

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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
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

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
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 an

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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

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
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
The Role of Supreme Fedral court in the Rationalization of lraq Parliamentary System According to the Coustitution of the Republic of Iraq 2005

      تعد تقنية العقلنة ([i]) تقنية تطويرية للنظام البرلماني تعمل على معالجة الانحرافات التي يمكن ان تحدث لهذا النظام سواء بفعل النظرية او نتيجة للممارسة السياسية، ولعل اول من تحدث بموضوع (البرلمانية المعقلنة) الفقيه الدستوري الروسي الاصل (بوريس ميركن) في فترة مابين الحربين العالميتين (الاولى والثانية) واراد بها تقوية مركز الحكومة لمواجهة البرلمان، وقد اخذ بها واضعوا الق

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Publication Date
Sun Dec 01 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The Impact of Public Spending on Kaldor's Square Variables in Iraq for the period (2005-2016).

The paper aims to measure and analysis the impact Public Spending on Iraq economy (Kaldor Variables).

 (variables of the magic square Kaldor) and them in after 2003.

The paper adopted econometric Methods to test the stationarity of the Variables under consideration. For the period (2005-2016) by using multiple regression and estimation the Impulse response function (IRF), by adopting Eviews 10 program.

The results of Impulse response function for the following five-years after the period under consideration reflexes that public expenditure (PEX) was fluctuating between positive and negative in all the variables of the research and this shows the fragility of the performance of fiscal policy in Iraq.

T

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Publication Date
Thu Aug 01 2019
Journal Name
Journal Of Economics And Administrative Sciences
Analysis of the sustainability of the public debt in light of the volatile oil revenues in Iraq for the period (2005-2015)

Abstract

This study deals with the fluctuations of oil revenues and its effect on the public debt. This can be studied through the indicators of debt sustainability, the financial, and economic indicators which express the risk of debt. The study focuses on clarification of the public debt path and its management both domestic and foreign. The sustainability of debt takes an important role according the macroeconomic variables. This study stresses the relationship between the rental economy in Iraq and the risk of the public debt, it is very important to work high oil prices, and on investigating during high work to establish a fund to support the budget deficit. This will reduce future risks arising from the use of publi

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