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المسؤولية الانضباطية لعضو مجلس المحافظة : دراسة مقارنة == isciplinary responsibility of member of local councils - comparative study

Author name: احمد عبد الله خلف الكناني
Supervisor name: وليد خشان زغير الموسوي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: That the provincial councils perform their functions requires a great deal of responsibility and awareness of members, which requires the activating the self - censorship of these councils over its members as the tool that expresses the will of the council. The disciplinary responsibility is one of the most important tools for activating the self - censorship of these councils. Membership, the member may commit administrative, civil or even criminal liability. Therefore, disciplinary accountability is one of the most important pillars of the service systems in the world, because it aims to maintain order within the Council and the impact on the functioning of the Council The local supervisory and legislative work of these councils, since the member's commitment to his duties and dedication to the public interest has become one of the objectives through which the Council can perform its functions and provide its services to the fullest.There were several reasons that led to the selection of this study, including the lack of studies in the disciplinary responsibility for members of the provincial councils, showing the face of inadequacies in the disciplinary system, so addressed the subject of disciplinary liability of a member of the provincial council in the light of each of the Iraqi discipline system contained in the law of provinces not organized in Region No. 21 of 2008 amended, and the Egyptian disciplinary system in the law of the local administration system No. 43 of 1979 amending.We divided the study section primer and three chapters, we dealt with Definition local council irregular in the province ,and dealt with irregularities disciplinary of the member of the provincial council in the first chapter, and dealt with the explanation of disciplinary punishments in Chapter II, Chapter III was allocated to discuss Disciplinary safeguards for faculty of the member of the provincial council.We concluded with a final result that weak legislative treatment of the issue of disciplinary responsibility and its ineffectiveness in the law of governorates that are not organized in the amended region No. 21 of 2008, or rather the lack of a complete disciplinary legislative system concerned with the statement of disciplinary penalties for violating the system of hearings and penalties for violating the rest The duties and prohibitions of membership, the procedures for imposing such penalties, and the provision of adequate guarantees of investigation, reasonableness and proportionality between the disciplinary penalty and the violation committed by the member and ending with the grievance and judicial appeal. Party consensus and its impact on activating disciplinary accountability. B As we have reached legislator Iraqi inter of recommendations the most important of which need to establish a disciplinary system for the members of the provincial councils instead of relying on the individual treatment of The internal regulations of the provincial councils and their deficient treatments, through which the investigation and investigative committees are used to prove the violation committed by the member when the subject of his dismissal from office Membership, rather than questioning, for several reasons including that the investigative committees are more specialized and deeper in verifying the availability of the reasons for the dismissal (dropping membership) or not, in addition the interrogation is carried out by the Council itself. Either the member belongs to the majority of particular party it takes them to be lenient with their colleague or if the member belongs to an opposition party the decision to drop membership in the hands of the ruling party is based on political considerations that are more consensual than the member committing a sin or a career fault. Thus denying justice and depriving the punishment of its intended purpose of assessment and deterrence.

التدابير الدولية المضادة للفساد الاداري واثرها في التشريعات العراقية == International Regulation of Anti Administrative Corruption and their effect in the Iraqi legislation

Author name: حميدة علي جابر
Supervisor name: محمد ثامر مخاط السعدون
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: Corruption and various forms is an international and internal character of the crime, a phenomenon of countries affected all have not spared any of the communities did not distinguish between a developed country and the other backward has this phenomenon been associated with the presence of humanitarian, an ancient but worsened recently.There is no specific definition of administrative corruption, which means the existence of problematic when researchers in the filming of this term and expression as well as avoid the delegates at the United Nations Convention against Corruption to adopt a comprehensive definition of corruption and limited to business Rea said the course agreement not to give a comprehensive definition of corruption course Mahmoud fearing that lead differences political, economic and cultural relations between countries not to adopt the Convention and to respond to future cases images disclosed administrative system.The research topic of important topics that dealt with the impact of preventive and curative measures adopted by the United Nations Convention against Corruption and other conventions and highlight the importance of this issue in thatthere is no study on this topic specifically which there is not a study looked at the anti - corruption administrative and their impact on legislation and international measures Iraqi precisely in spite of the existence of studies on administrative corruption and its effects and ways to treat some of which dealt with Iraqi legislation which provided for the anti - corruption ways and preventive or therapeutic but did not address the international dimension and the impact of international measures to combat corruption at this legislation. Measures of international anticorruption impact in Iraqi legislation and that the Iraqi legislator with regard to crimes of corruption came in principle compatible with the United Nations Convention against Corruption, whether at the level of general laws or laws did not move away from the provisions of the Convention only as an exception.

التنظيم التشريعي لممارسة الشعائر الدينية : دراسة مقارنة == Legislative Regulation of the Religious Rites Practice - A Comparative Study

Author name: منير حمود دخيل
Supervisor name: ميثم حنظل شريف
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: This study strives to look into the Constitutional and legal regulation of the practice of religious rites. In General ,today the subject of human rights , especially the practice of religious rites ,which takes strong interests and attraction by the researcher and reader either he is specialized in this field or not. Especially it has become today one of the most important human rights and freedom in a world which lives the increasing religious extremism. We can say here that measure of the development and evolution of any society was expounded by the respect of that society of the citizens and their fundamental freedoms and rights.So the practice of religious rites has occupied a special place in the social and legal Reality because it is closely linked to humans, inasmuch the breadth of the of public freedoms subject, we preferred to choose the Legislative regulation of the practice of religious rites - a comparative study - to be the Thesis title. It is important to say that the constitutions differ in their treatment of human rights according to the differences in the social, economic, and political conditions. Through this study, we review the practice of religious rites in ancient civilizations and then give the most important definitions of religion and the practice of religious rites. Then we will review in the Comparative legislation and their regulation related of the religious rites practice in two parts : The first part is the constitutional side and the second part is the legal aspect in the comparative legislation. As well - known most of states in the world resort to including in their constitutions the most significant principals and human affairs, which believe that it’s are able to protect them from violation and alteration, which will negatively effects on this practice. This was confirmed by the constitutional legislator in the United States of America in the in the Bill of rights and the First Amendment and the Egyptian legislator from 1923 condition until 2014 constitution.The Iraqi constitution of 2005 has assured the rights to protect the religion believe and the practice of religious rites, in according some of the constitutional guarantees of practicing this practice, also in accordance with signing many kinds of international agreements related to the human rights and freedom. On this basis, this thesis aims at proving the hypothesis, which demands from the constitutions in the comparative countries to constitutional protection for the religious practice in general. The laws in the comparative countries are guaranteed the protection of the practice of religious rites, based on legislation law without differ enation between individuals according to their race, language, and religion in normal conditions or in exceptional conditions. In addition, how these exceptions conditions may increase the restrictions over the practice of individual to some of their rights and expand the specialty of the executive power at the expense of other authorities in the state. It should be noted, this review has adopted of the constitutional provisions and judicial rulings in the comparative countries and others states.Thus, other means are also worth considering; though, we cannot postulate a fully mature one here, some extra legal solutions were provided in the recommendatory section. Nonetheless, both the legislative framework and its reinforcing consensus guideline will offer a legal safe for everyone in the practice of religious ritesFinally, I have finished this thesis by sitting the most consequences I reached it. Keywords : Religion, Secularism, religious rites, Public Sphere, Pluralism, Tolerance, Religious expression, Extremism

استقلال القضاء الدستوري واثره في الرقابة على دستورية القوانين : دراسة مقارنة == The independence of the constitutional judiciary and its impact in controlling the constitutionality of laws : Comparative Study

Author name: حیدر علي ضایف خطار الموزاني
Supervisor name: ولید خشان زغیر الموسوي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: Many states with different constitutional systems insist on the provident of legal guarantees which ensure the independence of the judiciary in to tally, because it is the apparatus which is responsible for the applying the laws andmaintaining the legal rights and freedoms, but this assistance of the independence of judiciary appears in large in the constitutional judiciary. Whether it is practicing by special courts, or by other kind or types of courts.Because the most important tasks of the constitutional judiciary is maintaining legacy and constitutional freedoms and rights. So, all constitutions in all different countries, which practice judiciary censorship on constitutionality of laws, concerning to establish the independence constitutional judiciary on rigid basis, and ensure the objectivity of constitutional agents to enable the judiciary to practice its roles correctly. The Constitutional Court is mandated to prevent the authorities from violating the provisions of the Constitution, to prevent the legislative authority from issuing laws that violate the provisions of the Constitution and to prevent the executive authority from issuing regulations and regulations that violate the Constitution. This role is exercised through constitutional supervision, It is imperative that the constitutional judiciary grant the independence necessary to exercise this role vis - a - vis the rest of the authorities. The legislative and executive authorities may try to influence the independence of the constitutional judiciary by limiting its role in monitoring through its intervention in its organization or its activities, Whist; therefore the constitutional independence ofthe judiciary is of no choice of it