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jols-629
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 هذا النطاق الرحب والفضفاض دون تردد.

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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
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
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
The tax judiciary is a guarantee of economic rights and freedoms in Iraq
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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 Oct 01 2015
Journal Name
Journal Of Economics And Administrative Sciences
The role credit guarantee companies to bank guarantee in the financing of small and medium enterprises
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       It has become clear to see the role of the small and medium enterprises in the economy, and for the continuity of these projects it is necessary to supply finance from the banks, How ever the latter suffers risk of lending.                                                                          

 &n

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Manners and Styles of Violating the Administration's Duty to Implement the Administrative Judiciary
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The forms and styles used by the administration in order to violate the implementation of administrative provisions are among the most dangerous steps that the administration pursues to evade the obligation to implement them , which is helped by the fact that it is not possible to limit the images that vary and increase continuously with the development of functional relations in the administrative field, which makes it difficult to have a legal codification of these images and methods of confronting them.

The administration is aware of this and seeks to achieve its objective of non-implementation with its superior capabilities and wide powers to make these images legal behaviors that the judiciary is unable to confront. The occu

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Publication Date
Wed Jan 30 2008
Journal Name
College Of Islamic Sciences
The judiciary in Jerusalem in the Islamic era
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God created man with a social nature, that is, man cannot live alone, but there must be a society associated with him. And when God addressed Adam, the first of His creation, he addressed him with the speech of the Muthanna to him and his wife. “This tree, then you will be among the wrongdoers” (Al-Baqara: 35), and thus was the divine discourse for the first human experience on earth. It accommodates a social relationship, which is (the family), husband and wife. And since a person needs to meet, as Ibn Khaldun said: (The human meeting is necessary, and the wise men express this by saying (the human being is of course civil)) (). And as it is known that with the meeting, relations arise from love and hate, cooperation and struggle, a

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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
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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
Wed Sep 30 2015
Journal Name
College Of Islamic Sciences
The Ethics and Restrictions of the Islamic Economy in Ownership
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The search for wealth and money is a matter of ethics in the Islamic economy
God Almighty said: "We have honored the sons of Adam (and ridiculed the universe and what he said) mocked you
He said, "He who created you from the earth."
And he commanded you, and he said to him, "He who made you."
Land, and the amount of Rezko and
He said: "You love the money with great love."
And then guide him by exaggerating the ethics of Islam and its legislation in Tamkak and not exceeding it.
 In order to darken the doors of inflation with wealth Vakar
And the hereafter and achieve satisfaction and fairness in all actions
To ensure that society has a right not to harm others and to abuse the interests of the economy
Is

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
Methodology of criminal judiciary in developing the legal rule
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Every mental action has a clear approach resulting from a sequence of thinking towards the goal to be achieved, and in order that the legal rule - to be developed - finds its acceptance by the highest degree criminal courts, and in order that it is adopted by the legislator, the criminal judge should adopt a certain methodology that matches his work. The developed judge is the one who keeps trying to harmonize the text with the new reality, and by doing this he may oppose the direction of the higher courts, but he convinces them through all the mental procedures and processes to show a “truth” on which the best solutions can be built.

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Publication Date
Mon Apr 01 2019
Journal Name
Journal Of Legal Sciences
The constitutional role to the civil society organizations in combat the terrorist crime
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ليس ثمة شك أن الجرائم الإرهابية بأنواعها وأساليبها المختلفة، تعد الآن أخطر الجرائم التي تهدد أمن المجتمع واستقراره على المستويين الداخلي والدولي على حد سواء. فالإرهاب يعد أحد أكبر المشكلات التي يواجهها المجتمع الدولي والدول الكبرى في عصرنا الحاضر، إلى الحد الذي اطلق البعض على هذا العصر بـ (عصر الارهاب)، لما شهدته الساحة الدولية والأقليمية والمحلية من تصاعد في أنشطة التنظيمات الارهابية، إذ تنوعت وتعددت أس

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