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مظاهر السيادة الداخلية في الدولة الفيدرالية == Manifestations of internal sovereignty in the federal state

Author name: سجى محمد كريم
Supervisor name: كاظم الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
Key words:
  • مظاهر السيادة في الدولة الفدرالية
  • الجذور التاريخية للسيادة
  • السيادة في العصر الاسلامي
  • السيادة في العصر الحديث
  • الاساس النظري للسيادة
  • مفهوم الدولة الفدرالية
  • العلاقة بين السلطات في الدولة الفدرالية
  • طرق توزيع الاختصاصات بين مستويات السلطة في الدولة الفدرالية
  • تحديد اختصاصات كل من السلطات المركزية وسلطات الولايات
  • السلطة التشريعية المركزية
  • ضمان التوازن بين السلطات المركزية والسلطات الفرعية في الدولة الفدرالية

اختلال التوازن بين السلطتين التشريعية والتنفيذية في النظام البرلماني : دراسة مقارنة == The Imbalance between the legislative and executive powers in the parliamentary system comparative study

Author name: مصطفى غازي حسن علي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

تعدد المكونات واثره في النظام الدستوري في العراق : دراسة مقارنة == The multiplicity of components and its impact in the constitutional system in Iraq - A comparative study

Author name: علي حسين جابر العبودي
Supervisor name: كاظم علي عباس
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

دور التعددية الحزبية في التداول السلمي للسلطة : دراسة مقارنة == THE role of multiparty in the peaceful transfer of power (A comparative study

Author name: اسعد هلال عقيل
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

النظام القانوني للاوامر الرئاسية : دراسة مقارنة == the legal system of presidential orders Comparative study

Author name: احمد عباس حمود
Supervisor name: حنان محمد القيسي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الاطار القانوني للاجراءات السابقة على انتخابات مجلس النواب العراقي : دراسة مقارنة == The legal framework of procedures prior to the elections of the Iraqi council of representatives : Comparative study

Author name: وائل منذر حسون البياتي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الحقوق السياسية للاقليات وضماناتها في الدساتير العربية : دراسة مقارنة == THE POLITICAL RIGHTS OF MINORITIES AND THEIR GUARANTEES IN THE ARAB CONSTITUTES : COMPARATIVE STUDY

Author name: كمال مرضي علاوي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الحماية الدستورية للحقوق والحريات في ظل حالة الضرورة == THE CONSTITUTIONAL PROTECTION FOR THE RIGHTS AND FREEDOMS IN STATE OF NECESSATY

Author name: علي مجيد حسون العكيلي
Supervisor name: هديل صالح الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

سلطة ومسؤولية رئيس الجمهورية في دستور جمهورية العراق لسنة 2005 : دراسة مقارنة == The Authority and Responsibility of The President of The Republic of Iraq in The 2005 Constitution : A comparative study

Author name: عامر عبد رسن الموسوي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الضمانات الدستورية للمكلف بدفع ضريبة الدخل العراقي : دراسة مقارنة == The Constitutional Assurances of Tax Payer : A Comparative Study

Author name: سولاف فيصل خضير
Supervisor name: محمد علوم محمد علي المحمود
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

مبدا التفويض التشريعي ومدى اعتماده في الدساتير العراقية : دراسة مقارنة == the principle of legislative authorization and how it was adopted in the Iraqi constitutions : a comparative study

Author name: احمد صالح مجول الجميلي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الطعون الانتخابية النيابية في العراق : دراسة مقارنة == The Parliamentary Electoral Appeals In Iraq : Comparative study

Author name: منتهى جواد كاظم الزيادي
Supervisor name: منتهى جواد كاظم الزيادي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

التعددية الحزبية في ظل دستور جمهورية العراق لسنة 2005 : دراسة مقارنة == Multiparty under the Constitution of the Republic of Iraq for the year 2005 : A comparative study

Author name: ادم نجم عبد القريشي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

اقالة رئيس الجمهورية : دراسة مقارنة

Author name: احمد نهير راهي الزاملي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

النظام القانوني لانشاء الوحدات الاتحادية وتنظيمها في العراق : دراسة مقارنة == The Legal System for Establishing the Federal Units and their Organization in Iraq : Comparison study

Author name: يمامة محمد حسن كشكول
Supervisor name: وسام صبار عبد الرحمن العاني
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الجهة المختصة بتقديم مشروعات القوانين الى البرلمان : دراسة مقارنة

Author name: ايمان قاسم هاني الصافي
Supervisor name: محمد علي جواد
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الرقابة الدستورية على مبدا التناسب : دراسة مقارنة

Author name: حسين جبر حسين الشويلي
Supervisor name: وسام صبار عبد الرحمن العاني
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

الحماية الدستورية لاستقلال السلطة القضائية == The Constitutional Protection For Independency of The Judicial Authority : A comparison Constitutional Study

Author name: انتصار حسن عبد الله
Supervisor name: وسام صبار عبد الرحمن العاني
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

المركز القانوني لرئيس الدولة في النظام البرلماني : دراسة مقارنة == Legal Place of the President in the Parliamentarian System : Comparison Study

Author name: اثيل خزعل عبد الحميد
Supervisor name: وسام صبار عبد الرحمن العاني
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:

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:
Summary:
References:

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:
Summary:
References:

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:

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.

انتخاب مجلس النواب في دستور (2005) العراقي : دراسة مقارنة == Parliamentary Election In The Year (2005) Comparative Study

Author name: نعيم زوير محيسن الساعدي
Supervisor name: كاظم علي عباس الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
Language: Arabic
University location: Baghdad
First pages:
Abstract: There are differences between the citizens ,that came from their ethnic or classical societies or their parties , as well as their cultures or their thought or their psychological formatting and their advantages. Those advantages will be one unit and associated in one society , that the man has desire to belong to society to live , that he is social creative , His advantage to establish sustainable society and this needs authority to save those advantages. thus the authority must be established by the democracy and the definition of democracy Is the people rule themselves and the democracy had definite in the 17th century in Europe The democracy has three shapes * Directed Democracy , which is the people ruled themselves directly * The semi Directed Democracy , that be find representation boards to represent the people and the ruling by those boards.which return to the people when making decision * Representative democracy , which is establish on idea that this representative board making decision be hand the people. The democracy can be acted by election and choosing the Candidates to be representative to act the people in the parliament And the people can ask and rule the representatives Therefore , the democracy can keep the rights of the people specially the political rights. This regime gives grantee to the citizen to elect freely , and this right can't be done unless the freedom be grantee to all the people in general.The significance of this thesis The election operation must be formatted by three elements First : Voter , elector , is the most important one of them , that he is the reason for reaching the candidate to the parliament. Second : candidate , who has subjective conditions as the Egyptian or French legislators legislate. Third : the authority of the elections this authority must control the operation of the election. The problem of the thesis The operation of the election is not ideal on all levels and is not going by easy way in realty , because conflicted the interesting as to be collected the members who will make decisions and establish the main law of the state regime. Research MethodologyAs the election in Iraq is started in 2005 and associated with it some problems , we used the analytical method to write this thesis. and we compered it with Egypt and France and I give some results and comments. I will divided the study in the three chapters and after those I give Introductory chapter that talked about the political rights and it's kinds and the laws which ruled them. In the first chapter I had talked about the conditions of the voters and candidatesWhile the second chapter I talked the election operation and it's laws and the rules which organized it. In the third chapter I explained the appeal cases which are done in the special courts of the election included the election and Protest about the membership of the parliament also I had talked about the important results and the commend
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