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الرقابة القضائية على القرار الاداري الضمني : دراسة مقارنة

Author name: هبة خالد نجم المرسومي
Supervisor name: محمد علي جواد كاظم
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

انتهاء علاقة الشريك بالشركات التجارية : دراسة مقارنة

Author name: رباب حسين كشكول
Supervisor name: لطيف جبر كوماني
General topic: Law
Specific topic: Commercial Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

المسؤولية الجنائية الدولية عن جريمة الابادة الجماعية

Author name: حيدر غازي فيصل الربيعي
Supervisor name: تميم طاهر احمد الجادر
General topic: Law
Specific topic: Criminal Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الاحالة في الاختصاص القضائي الدولي : دراسة مقارنة == Transmission of International cases : Comparative study

Author name: جنان جاسم مشتت
Supervisor name: طلال ياسين العيسى
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الاحكام القانونية المنظمة للدين المشترك : دراسة مقارنة == Arranged Law Rules of Join Debt : Comparison Study

Author name: ثامر جاسم محمد
Supervisor name: عصمت عبد المجيد بكر
General topic: Law
Specific topic: Civil Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

اثبات هوية المتعاقد في العقود المبرمة عبر شبكة الانترنيت : دراسة قانونية مقارنة

Author name: توانا شيخ كمال شيخ حسن عازه باني
Supervisor name: الاء يعقوب يوسف النعيمي
General topic: Law
Specific topic: Private International Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

المسؤولية المدنية الناشئة عن بيع الادوية الطبية : دراسة مقارنة == The Civil Responsibility out of the sell Medical drugs : Comparative study

Author name: قاسم اسماعيل علي
Supervisor name: سعد حسين عبد ملحم الحلبوسي
General topic: Law
Specific topic: Civil Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

استخدام منظمة الامم المتحدة للقوة الدولية وتطبيقاتها على العراق

Author name: عدي عبد الصاحب ناجي العبيدي
Supervisor name: طلال ياسين العيسى
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
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القرار التنظيمي التنفيذي

Author name: ايمان عبيد كريم السلطاني
Supervisor name: محمد علي جواد كاظم
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: After our brief presentation of executive regulatory resolutions which are considered one of the regulatory resolution issued by the administration in order to execute the issued resolutions from the legislative power to facilitate their application, explaining their vagueness, detailing the whole of them. We find that these drafts are more important than other drafts issue by administration, such as independent drafts, necessity drafts, authorizing drafts which are held for limited period of time, since most of time the validity of the resolution depend upon its issuing as a necessary term for validity of law, in addition to showing the details of law and explaining its rules. And administration abstention from issuing it may retard the validity of the law issued from the parliament for specific period. As we indicated previously, we has demonstrated in our research a simple clarification of what are regulatory resolutions are considering them as managerial works which include general and abstract rules and Will be applied to persons not assigned by themselves. So, they are look like the law and differs from it because they issued by the parliament. In the meantime the regulatory resolutions are subsidiary legislation issued by the executive power which granted the right to issue those resolutions after the breakdown of existed separators between the legislative, executive and judicial powers which have been built on basis of separating between the powers and holding the management of public interest requirements and necessities of public utility progress.Being acquainted with all developments only is not enough which become inconvenient for development of state duties extension of their activity. This led to intensification of administration duties as being responsible of executing the law in order to put the public interest into effect. The legal legislator can accompany those requirements by himself only.Therefore the government granted the right to issue the drafts to proceed their duties as being most capable to respond to all those developments because it has close relation with individuals. Thus, it is able to form the partial details which the law is not capable to be acquainted with. In spite of giving the power to the administration to from these drafts, they still in order under the law according to sequence of legal rules even after the role which granted by item (37) of French constitution of 1958 to the draft, as it got an open space in the meantime it shrank the space of law. We have showed in the first chapter he common components between the regulatory resolutions and the individual resolutions according to formal criterion of their issuance together by the administrative. However, they differ from in terms of their content, since the individual resolutions are addressed to specific persons by themselves but the regulatory resolutions forms general and abstract rules, the regulatory resolutions may called as drafts, and some people may call them regulations as in Iraq and Jordan.In the second chapter, we have showed the power specialized in issuing drafts or executive regulations in each of French, Egyptian, Iraqi, Kuwaiti and Jordanian legal system. As these drafts are issued by the president of the state, prime minister or the cabinet. The ministers also participate in the power of issuing them. The power may be given to governors or other local bodies in case of clear statement to grant them - in the core of the law - the power to issue the executive drafts. These drafts are issued in different forms such as public management, ordinary decrees as in France. And in Egypt, the executive drafts may issued by republican resolutions by the president or vice - president, prime minister or one of the ministers according to authorization given from the president.In Iraq, the executive regulations were issued by president of Revolution command Council and prime minister just like Jordan and Kuwait. We have specified the third chapter to study judicial supervision on the legitimacy of the executive drafts. In the beginning we have discussed the development of judicial supervision and how the countries transferred from unified judiciary system to doubled judiciary system in order to impose their supervision on administrational resolution issued by administration body in each of France, Egypt, Iraq and Jordan and how the lawsuit of cancellation developed which is made to demand termination of illegitimate administrational resolution issued by administration.The council of state has related, for the first time, its supervision on the validity of executive drafts in 1907 after being not subjected to juridical supervision because they are considered as actions issued by the president of the republic. So, it is not possible to oppose to them in order to check their legitimacy.In Iraq, the court of administrational judiciary was specialized in examining the validity of resolution issued by administration body in resolution No. (106) of 1989. The paragraph (d) of clause “secondly” of the item (7) laid down this specialty of the court. It seems as it examines the validity of individual orders and resolutions and do not extend to examine the legitimacy of regulations and regulatory resolutions. So, the formation of the mentioned script must be re - examined in a way which h represents explicitness of specialty of court of administrational judiciary in canceling illegitimate regulations. Some people believe that since this script dose not lay down examining the validity of regulations in explicit script, it would be out of guardianship of court of administrational judiciary. And, that is in order to submit the form of lawsuit of cancellation, a number of formal and objective terms must exist : • Existence of administrational resolution and interest to submit a lawsuit of cancellation.• Must be in the date staded by law in lawsuit of cancellation.• One of defects of illegitimacy must take place. Whether the defects was in speciality (like issuance of executive draft by non specialized person by law) or in form when the executive drafts issues on the contrary to decided formalities of administration in explicit script in law. Also, the executive draft issues on the contrary to legal rules which makes it illegitimate and then it deserves cancellation or it would be issued without any legal or real reason to be issued. Thus, it becomes defected with by defect of reason. The draft may be illegitimate when it issues on the contrary to the specified objective of its issuance or to public interest.Thus, the drafts will be illegitimate if they have any of those defects. This motivate the supervison of the judge to examine their legitimacy and to cancel what is unlike to the scripts of laws
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اثر التغيرات القانونية في مبدا سيادة الدولة == The effect of legal changes in the principle of state sovereignty

Author name: اوس خليل ابراهيم
Supervisor name: علي عبد الرزاق الزبيدي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
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القانون الواجب التطبيق على موضوع النزاع في التحكيم التجاري الدولي == The law that should be applied upon conflict matter in international commercial arbitration

Author name: هاوزين حامد حسين
Supervisor name: طلال ياسين العيسى
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
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ضمان التعرض والاستحقاق الصادر عن الغير في عقود المنفعة : دراسة مقارنة

Author name: مهدي نعيم حسن الحلفي
Supervisor name: محمد علي جواد | عبد الجبار ناجي صالح
General topic: Law
Specific topic: Civil Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Summary:
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الحماية الجنائية للرسوم والنماذج الصناعية : دراسة قانونية مقارنة == Criminal Protection Of Models and Industrial Designs : A Legal Comparative Study

Author name: صدام علي هادي
Supervisor name: تميم طاهر احمد الجادر
General topic: Law
Specific topic: Criminal Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
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السلطة التقديرية للادارة في سحب العمل في عقود الاشغال العامة : دراسة مقارنة == The evaluating authority of administration to draw the work in public works contracts

Author name: سوزان محمود جبار
Supervisor name: محمد علي جواد كاظم
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
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دور محكمة العدل الدولية في تطبيق مبادئ تسوية منازعات الحدود الدولية == Role International court of Justice In Application Principles settlement International Disputes Boundaries

Author name: قادر احمد عبد النعيمي
Supervisor name: رشيد مجيد محمد الربيعي
General topic: Law
Specific topic: Financial Legislation
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
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ضمان التعرض الشخصي في عقود التمليك : دراسة مقارنة

Author name: نغم محمد عطية البياتي
Supervisor name: عزيز جواد هادي الخفاجي
General topic: Law
Specific topic: Civil Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
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جريمة اضرار الموظف بالاموال والمصالح العامة والخاصة : دراسة مقارنة

Author name: محمد حميد عبد
Supervisor name: ضياء الدين مهدي حسين الصالحي
General topic: Law
Specific topic: Criminal Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
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دور المحكمة العليا الامريكية في الرقابة على دستورية القوانين في مجال حقوق الانسان

Author name: شهاب احمد عبد الله النعيمي
Supervisor name: علي عبد الرزاق الزبيدي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
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التنظيم الدولي للمناطق المحمية == The International Regulation Of Protected Areas

Author name: اسراء صباح جاسم
Supervisor name: يحيى ياسين سعود
General topic: Law
Specific topic: Public International Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: It becomes a very well known that the war has become one of the things that imposed itself on the ground. But we cannot claim the elimination of this scourge at once. Therefore, the international community is striving to mitigate its severity, and this relentless pursuit casts burden on the conflicting parties to take a number of methods and preventive measures for the protection of victims of armed conflicts.One way to provide protection to victims and persons who are being targeted during armed conflicts is to create places of protection. This is done by preventing the fire from reaching the war to those areas, and then to spare civilians from the tragedies of armed action.The importance of protected areas is become from being related with one of the most important sources of human presence and survival. They protect human dignity of assault by the protection offered to present, based on that is gaining increasing attention to these areas, particularly with the increasing armed conflict due to the growing vulnerability of civilians, the wounded and sick combatants and the effects of these conflicts. It is my sense of importance that they came into being while the world is watching what my country - Iraq - has been suffered the violation of the simplest human rights and rule of humanitarian International law by ISIS terrorist entity.According to what have been said, and hoping to add another brick in the edifice of humanitarian international law, we will try to answer the following questiono : Did protected areas contribute to alleviate the tragedies of war, and to what extent? And whether the rules of Humanitarian International Law were effective or ineffective in the regulation of protected areas and the protection of them during armed conflicts.To answer those questions, I talk in this study on the concept of protected areas by define the term and illustrate the principles which govern and prottect them. Then I show the justifications of the establishment of such zones, and reached that the goal of the creation of them is to protect the affected persons and protected objects. After that I clarified the role of international organizations on protected areas, particularly the United Nations Organization as responsible for the maintenance of international peace and security, the International Committee of the Red Cross as an official sponsor of the international humanitarian law, Finely I showed the International responsibility arising from the damage of protected areas, and came to a result that such damage to those areas forms an international crime requires accountability of perpetrators

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
Language: Arabic
University location: Baghdad
First pages:
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.

التنظيم الدستوري لنشوء فكرة القانون في ظل دستور جمهورية العراق لسنة 2005 : دراسة مقارنة

Author name: وليد خالد جالس الكريماوي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الباعث الشريف واثره في التجريم والعقاب == Sharif Motive And Its Impact On The Criminalization And Punishment

Author name: هدى علي عنيد كاظم
Supervisor name: كاظم عبد الله حسين الشمري
General topic: Law
Specific topic: International Criminal Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: تصنف البواعث من حيث الوصف الى بواعث اجتماعية واخرى غير اجتماعية، والباعث الاجتماعي هو : (ماتمليه الرغبة في المحافظة على الشرف والكرامة )،ويسمى في قانون العقوبات العراقي بالباعث الشريف وفق ماورد في المادة (128) التي نصت على انه : (.......يعتبر عذرا مخففا | Classified motives in terms of description to a social motive and other non - ajtmaah,social motivation is(matmelih desire to maintain the honor and dignity ), and called on the iraqi penal code balbaos sharif according to the false text of article(128) , which stipulates that (…….itconsidered amitigating excose to commit a crime motivated dishonest…..),it is noted that the iraqi penal code has peen devoid of a special organization balboaos only that he considered legal excuses diluted penalty to be imposed,but the penal code and that he did not draw the emitter foundations and useful rules of thunb when determing its uses during the season in the issues raised before the trial court,But the penal code and that he did not draw the emitter foundations of fixed rules determine its uses during the seasonin the issues before the trial court ,but he took it in some cases,without mentioning him , and did not leave the legislator to the judge the power to describe the motive for certain crimes vaattabrh motive honest and arranged impactand arranged the legal effect of it in terms of mitigation of punishment on the offender ,as is the case in the murder of a newborn child or abort the bregnancy in order to brevent a shame if his mother had carried him a serial killer(article 407 of the Iraqi penal code ), it is admitted that penal laws do not confuse the motive sharif and criminal intent ,as albgat is not an element of the crime and has no effect in the presence or in the terms of the punishment ,if the availability of staff of the crime committed the offender worthy to carry criminal resbonsibility is not a lesson after the punishment maturities ,in cluding paymint the perbetrator of the crime is not a lesson that was conducive honorable or despicable ,it follows that the motive does not affect the existence of the crime ,but its impact is limited to the sanction pronounced,and that mitigation in the limits sbecified by law and in accordance with the authority granted to him in power between the highest and lowest legal limits in accordance with the provisions of articles (130,131,132). Finally the motive on the grounds sharif a factor in the sentence makes him a reason to achieve justice that principle which is one of the principles that mean outgrow their constitutions and laws to achieve that equali

النظام القانوني لعقود البث الفضائي : دراسة مقارنة == The Legal System Of Satellite Contracts A Comparative Study

Author name: هدى جواد عبد الرضا
Supervisor name: راقية عبد الجبار علي
General topic: Law
Specific topic: Civil Law
Degree: Doctorate
Language: Arabic
University location: Baghdad
First pages:
Abstract: This kind of contract is considered a new type of contract since it was not known until recently. This is the contract of broadcasting through satellites. This contract is a performance one, committed by the provider of the service. The provider should be responsible for the trustworthiness, legitimacy, morality and authenticity of the material broadcasted. On the other hand, the user is obliged to pay and be cooperative with suppliers by providing the necessary information for broadcasting. In addition to providing the right, thorough, and up to date information the benefactor is committed to pay and cooperate with the supplier. This is done through providing follow up about the broadcast needed. Both parties should assure the confidentiality of the information wither this information is known before or after contracting. Therefore any violation of these regulations must face civil accusations for both parties of the contract. The communication laws referred to them in Iraq, Egypt, Jordan, Oman, and the UAE. There are certain penalties and fines imposed on every breach of the contract from both parties. These contracts require certain approvals from the country in which it is broadcasting. Otherwise the country has the right to stop the broadcasting. In Iraq it lies under the responsibility of media and communication ministry. They require satellite and ground stations their duty is to send and receive from and to satellites. These stations are usually based in other countries, this may cause a problem committing to the regulations in times of disputes.Thus it is preferable to state allstations in one country. According to the contract regulation the implicit or explicit rules do not solve the problem. Therefore the terms of the shared nation and the place where the contract took place, should depend on rule number 25 from the Iraqi civil law regulation number 40 1951. We decided to follow rule number 30 of the prejudice performance the of and to mend the gap of the application of laws we depended new regulations derived from the laws of transmission and the reception country. In addition to accepting the laws of the transmission country since their laws is known from both disputed parties.

الحلول القانونية لعوارض تنفيذ عقد امتياز المرفق العام وتصفيته : دراسة مقارنة

Author name: هدى تحسين الياس
Supervisor name: علي احمد حسن اللهيبي
General topic: Law
Specific topic: Administrative Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: تعالج هذه الرسالة موضوعا حيويا له اهمية كبيرة في المجال الاقتصادي بشكل عام ويؤثر على المرفق العام بشكل خاص، الا وهو عقود الامتياز، فقد تلجا الادارة الى ابرام عقود الامتياز باشكاله كافة مع القطاع الخاص من اجل تحقيق الاهداف، وتلبية احتياجات المجتمع المتزا | This study deals with a vital subject with big importance in the economical field generally, and affects the private facility particularly, the administration may go to seal all types of privilege contracts with the private sector in order to achieve the goals and satisfy the growing needs of society, where some believe that the public sector has a difficulty with managing the big projects for all public facilities, because of the inability to provide necessary finance and credits to implement these projects, thus, it was important to think about attracting investments to construct and develop these projects, spatially the infrastructure constructing, and since these projects are large and risky because of the big amounts of spent money to achieve them, then they must be implemented accurately, and it takes the management to give up some of its control and aim to implement the mutual commitments of the contracting parties.And no matter how much the effort was to fulfill the contract commitments between the contract parties, some unexpected obstacles may appear and they are hard to be handled or anticipated according to the ordinary standards of things, thus it becomes hard to fulfill these contract commitments with the presence of these obstacles.Therefore, solutions must be found for managing the crisis that public sector is subjected to, and try to dissolve the obstacles that object it, to maintain it and present its services to the beneficiary people regularly and steadily.Our motivation to choose the subject of the study was to know the legal solutions that were founded by the legislator, the judicial system and the jurisprudence to avoid these setbacks.This study was divided to an introductory part and three chapters; the introductory part addressed what is the public facility privilege contract, and this was subdivided into two requests, the first defined the public facility privilege contract and explained its characteristics and the legal types for these contracts, and we distinguished it form the similar other systems, while in the second request we addressed the modern development for the public facility privilege contract by defining the modern privilege contracts and distinguishing it from its similar concepts, also knowing the its importance through its privileges along with its set back points that effect it.The first chapter was about the public facility privilege contract incidents through dividing it into two parts, in the first we issued the respective impossibility for executing the incidents of the privilege contract that require keeping contract execution despite of the cost increment that results with a financial overstrain for the contractor or the project company.And this part is also sub - divided to three requests; in the first we mentioned the emergency conditions incident through identifying it and knowing the required conditions for it. In the second request we issued the mismanagement whether it was by its mistake or not, and in the third request we explained the unexpected financial difficulties that makes the contract execution more exhausting for the contractor. And we studied in chapter II legal solutions for public facility concession contract disabilities : by dividing it to three topics, in the first one we discussed compensation by defining it, knowing its types and how to calculate it when concession contract disability accrues, in the second section we studied abrogation through defining it and knowing its basis, and identify its types that may approach concession contract, in the third section we showed suspension by identifying it, show the conditions of obligation to it and the impact of the suspension on a concession contract annex. And we studied in chapter III legal solutions to filter the public concession contract : by dividing it into two sections, the first section we studied settling, distinguishing it of its similarities and the resolving mechanism of disputes arising therefrom, in the second section we discussed about how to conduct public facility settling through knowing the fate of labor contracts made with annex users and workers, also find the free returned money to the State from those returning with a compensation and also we studied how to setter financial accounts between the parties of the annex concession contract.

ضمانات الديمقراطية التمثيلية في دستور جمهورية العراق 2005 : دراسة مقارنة == The Guarantees Of Representative Democracy In The Constitution Of The Republic Of Iraq In 2005 Comparative Study

Author name: نور ليث مهدي
Supervisor name: مهند ضياء عبد القادر
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: Obviously the term (democracy) which become more usable In abundance nowadays not early , but it is one of the oldest politics term , which below to compound Greek word which means( people rule) ethnic and other Greek cities ,since 6century BC , ordered by which known by direct democrat ,clearly by men meeting (without women) in public square , and they supposed rules and voting on it.nowadays knows by (Legislature), chosen individuals from them to owns the progress what have been agreed means (Executive power)It is known that Greece philosophers as (Plato) and (Aristotle) Criticized aggressively that way of democrat, and describe it by the judge of ignorance , Riffraff , Rabbles. and they called for the judge of Philosophers and wise people, and it is a kind which applied in the first Roman era and the aristocracy controlled the judge.The original aspect of democracy (people rule) didn’t get back its shine only after passed several centuries of time, and it embraced by the west as a reaction to face the feudal organizations which was characterized by the tyranny and oppression of peoples, and the development of method practices of democratic rule according to the development of societies which was adopted the democracy as approach of its political system, over the last three decades, a powerful governments in Latin America, eastern Europe had fell and the Soviet Union has collapsed, this fall was also says (Francis Fukuyama) did not give way in all cases, for a stable liberal democracies and which remain only in look of political hope that extended to include different regions and cultures worldwide.Fukuyama thinks that the Liberal democracy is a sign of the end of the day for the ideological evolution of mankind and represent the final version of the system of human rule.Regardless of what surrounds the former opinion of exaggeration in evangelization in the concept of cosmic and final of liberal democracy, the policies development which has known by the most of the countries is moving in the direction of expanding the participation of people in managing their own affairs this so - called democratization, and this development was varies from one area to another in the world, which moved in Latin America and Eastern Europe comparing with the most third world countries including the west and Arabs countries which subject to different systems but still unite to move away - even if with varying relative - We conclude from the foregoing that the will of the people is the core of a democratic system and the reference to determine the public options so it's not enough for a democratic system , a constitution regulates the authorities in the State , institutions to represent the citizens and the laws that allow of multiple parties which states of press freedom because the mechanisms and manifestations which are not common in the democratic societies in addition it may remain empty content but merely interfaces formality does not reflect the true implications of democracy on the ground which does not achieve but the availability a set of basic guarantees , it is possible to say that the democracy has a basis , this guarantees includes individual and collective freedom , pluralism , partisan , periodic elections , the devolution of power , the separation of power , independence of the judiciary , the existence of corporate , politically responsible government , to ensure that minority rights , the rule of law , freedom of the press, assembly, demonstration and media. the multiplicity and diversity of these guarantees are the subject of our study , it must be placed under the general headlines , each address head line shall have a set of guarantees , because the constitutions includes two most important aspects in the regulation of power and its competence as well as the individuals and their rights, so the constitutional guarantees will be sandwiched between the two sides and therefore we divide our subject to preliminary study preceded by an introduction and, the first preliminary study talk about what is the democracy , the first chapter talk about the study of constitutional guarantees of authority , the second chapter talk about the constitutional guarantees of democracy that regards individuals study and finally we includes the research with conclusion of the importance results and proposals. In according to the democratic rule that established on the public rival and the right of participating , this two principles considered a basic of societies democracy , in the same time any regime in the modern world cannot reach to the professional democracy society that represented the utmost political competition and public participation , GORG SORENSON adds to the two mentioned principles the civil freedoms in addition to REMOND KASTEL who sees that the freedom has a special important in the democracy and the applicable level of the democracy system is different depending on the different of political and civil rights. The predominant trend in the modern Western thought is that the Democratic term used to identify a political system and it should be a separation between matters which are called economic and social democracy and talking about the subject of the installation of the state apparatus, because the difference between the systems in the political dimensions of democracy that have nothing to do with a degree difference in the economic and social dimensions and between the owners of this trend Larry Diamond and Joan liter and Abzat believes that these democratic government system combines three basic conditions : first comprehensive competition between individuals and parties to fill all the important positions in the government and in the non - spaced intervals and without the use of force, second the high degree of political participation in the selection of leaders and policies through fair elections at regular intervals and are not or could not exclude any major political group and Third degree of freedoms political and civil that be enough to ensure the safety of the competition, participation and politics. No matter how many definitions of democracy it was about the fundamental principle implies that people are taking their own destiny is the one who chooses his rulers and watching them and change them possesses the authority has devoted this principle Universal Declaration of Human Rights on the tenth of December 1948, where Article him that 1 - everyone has the right to participation in the administrative of the public affairs of the town whether direct or by representative choose with freedom 2 - each person equally with others has the right to tradition the jobs in the town. 3 - the will of the people is the goal of the authority , this will must be manifested this will through fair elections periodically conducted by universal suffrage and equality among voters and by secret vote or by equivalent free voting.A general definition of democracy, we say as a political system is determined by the basic rules of sublime called the Constitution allows every citizen, men and women the right to equality and participation in the management of public affairs by their nomination for the general election or their elections to those who represent them in the implementation of political, economic, social and cultural options after reviewing the programs Law The measures proposed by competing political bodies through free and fair elections take place on a regular basis and serve as the authority by which voters are able to test between the approval of the continuation of the same trends and programs or changed if the public saw it in their best interest. The practice of democracy is not one form of constant does not change, but varies from one country to another, according to the traditions, cultures and methods include the expression of public will and the methods for electing the representative institutions and working methods and means of monitoring the work of the authorized authorities referred to differences direct measure of the affair public is that no matter how many differences, they remain within the scope of the democratic system if it does not conflict with the fundamental principle of this based on ensuring the people's power to choose their rulers and having the system reins because respect for this principle in theory, legally and practically is what distinguishes the democratic system of other systems.
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