الالتزام بمضمون القاعدة الدستورية : دراسة مقارنة == Abiding In Core Of The Constitutional Rule Comparative Study
Author name:
ياسر مشجل ناصر
Supervisor name:
كاظم علي عباس الجنابي
General topic:
Law
Specific topic:
Constitutional Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1522 - p.pdf
Abstract:
The importance of this Research is clear in abiding with the institutional base , these bases which shown ((formal and subjective principle which leads the state authorities for their duties , according to the concepts the problems that the authorities of the state and citizens are not comply with these principles. formally or by procedures , or subjectively , which result not to fulfill the goals of the institution to establish institutional principles , which are the means to apply the interests of citizens , while if the legislator will not legislate the laws with easy application or he denies the core of laws which will lead to a big problem. In spite that the institutional principles represent the acme in Juridical system , these principles show the source of authority and organize its conduct and the relationship between the authority and principles , as well as show the rights of citizens , by this mean this the principles are organizing between state authorities and citizens with their rights. this characteristic gives high rank for rights in the scale of the juridical principles , because these principles become the base of other juridical principles of state , and not to cancel or contract the reason of its identify. so the abiding will be in two sides. First , that all legal conduits should comply with the core of juridical principles. secondly not to contract the principles , so that to fulfill compiling with the execution of legislator will , which expresses the institutional bases. that means that the state should not behave according to its will To fulfill the comply with institutional principles so it should gate an observatory professional , and material body to judge any conduct contract the principles , so that leaded to establish the (supreme union court) or the supreme institutional court , while has the responsibilities of clarifying the juridical system from any misleading statement which contract the institutional principles , which will ensure the legal responsibility of state and to save the rights of citizens. By any way that will lead stop applying any contract legislation to the institutional principle. If the institutional principles are log at principles which , they are , so to comply with them is one of its pillars , and it should be followed , though it is not a pillar in the institutional principle let it is abort of it , so the sentence of contracting the institutional principle is differ from the sentence of contracting the juridical bases , by nature , and kind , this difference based on the mature of the institutional principles. The institutional principles clarify by the institutional chart and basic laws , human right bill , and tradition on this sentence , which are the sowce of it , so some of which stands against state authorities to consider them is a protective acts to forbade any misact while other principles , so they are unorganized , but they are more active because they are issued by state authorities when there is any contract to institutional principles , which are the political parties , media and non - governmental organization. For more advantage we lead the analytical and descriptive , combative approach among the U.S.A. , Egypt , and Iraq according to the scheme of research as follow. The preparedly research which clarify the concept and nature , the institutional principles and point out their resource , the first chapter discussed the core of the intuitional principle while , second chapter discussed the contracting of the core of institutional principles , the third chapter deals with the sentence of contracting the core of the institutional principles and the penalty consequenced.
