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الحكم بعدم دستورية نص تشريعي ودوره في تعزيز دولة القانون : دراسة مقارنة

Author name: مها بهجت يونس الصالحي
Supervisor name: حميد حنون خالد الساعدي
General topic: Law
Specific topic: Constitutional Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
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ضمانات حقوق الانسان في مواجهة سلطة الادارة في اصدار القرار الاداري == Reassurance of Human right in counter front administration authority in administration decision

Author name: وفاء عبد الفتاح عواد النعيمي
Supervisor name: ماهر صالح علاوي الجبوري
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
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نظرية الضرورة كاستثناء يرد على مبدا سمو الدستور

Author name: حسن ضياء حسن الخلخالي
Supervisor name: حميد حنون خالد الساعدي
General topic: Law
Specific topic: Constitutional Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
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اختصاصات رئيس الوحدة الادارية الاقليمية في العراق == the terittorial authorities of the head of the adminstrative unit in lraq

Author name: صداع دحام طوكان الفهداوي
Supervisor name: ابراهيم طه الفياض
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
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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
University: Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
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الحقوق المدنية والسياسية وموقف الدساتير العراقية منها == THE POLITICAL AND CIVILIAN RIGHTS AND THE POSITION OF IRAQI CONSTITUTIONS FROM THEM

Author name: مروج هادي الجزائري
Supervisor name: رعد ناجي الجدة
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Summary:
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التنظيم الدستوري والقانوني للاحزاب السياسية في العراق : دراسة مقارنة

Author name: ميثم حنظل شريف
Supervisor name: احسان حميد حسين المفرجي
General topic: Law
Specific topic: Constitutional Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Summary:
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الاختصاصات التشريعية الاعتيادية لرئيس الدولة في بعض الدساتير العربية : دراسة مقارنة

Author name: تغريد عبد القادر علي الدليمي
Supervisor name: احسان حميد حسين المفرجي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Summary:
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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:
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
University: Mustansiriyah University - Faculty Of Law - Department Of Public Law
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
University: Mustansiriyah University - Faculty Of Law - Department Of Public Law
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
University: Mustansiriyah University - Faculty Of Law - Department Of Public Law
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

الدور الرقابي للجان البرلمانية في دستور العراق 2005 == The Oversight Rol Of Parliamentary Committees In The Constitution Of Iraq

Author name: لبنى عدنان يوسف الموسوي
Supervisor name: سمير داود سلمان الدليمي
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:
Abstract: Parliament is the political structure like other structure of the state and society ,it is the base which build on and which stands upon the state and its political system and it is the responsible about many operations the imporlance one is the Legislation for the person , society ,state and the control on government action because it is one of the imporlant lnstitutions to make change in the current situation and the way to change and update in the same time where is the guarantee for the completion and democracy as per of the frame of Constitutional.So the lraq and What is witnessing the vast amounts of challenges that require institutional building coherent and rational political performance, so the parliament should be one of the institutions which play an important role to face this challenges from build and Iineup and activities roles that so imporlant and one of them the active role specially in regulatory area the subject of our research.So we deal with in our subject the regulatory side for the parliamentary committees in the lraqi parliament Power conferred by the rules of procedure for the committees ln the exercise of their work and speeifieally in the parliamentary inquir^y through out' follow - up to the performance of these committees and their work we see that the Council that exercise the profession of the investigation by the Commission either permanent or private it will done when its mission done or from Joint committees from many committees.The guided in our precedents and traditions of each of the systems comparison (UK, France ,USA, Egypt) because of their large role tn establishing principles and controls that goes by the Board and its committees where is one of the sources ruling in the padiamentary for his role in both the regulatory and legislative where is characterized by stability and continuity where is the prove for parliamentary work well so it is the result of free and realism parlicipation for the parliamentary and council members as especially ln practice committees in their work in the past is the base of the present and from the experiences of the present we will see the future.Through our research we came to propose several solutions for astrong parliament ,strong committees , the most important amendment provisions of the rules of procedure of the Law on the Council of Representatives of lraq NO.50 year 2007 amended by the law NO.23 year 2010,with adding supplementary texts and detailed to explain the mechanism of action of these committees and determine the percentage of representation of pafties within it Gives a role for the minority party in parliament and the need to specify a time limit for these committees to submit their reports and regulate many aspects of the procedures ln practice for the investigation in order to avoid the reasons that less than effective to avoid the shortcomings and deficiencies in performance Because those texts are the most imporlant organs of the Organization of the work of parliament which represents the people in all aspects of life and supports the foundations of democracy.

مبدا توازن السلطات في النظام البرلماني : دراسة مقارنة == The Principles Of Authorities Balance In Parliament Regime Comparing Study

Author name: فاطمة الزهراء البتول عبد الواحد خميس
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:
Abstract: مثل النظام البرلماني احد اهم التطورات التي لحقت الانظمة السياسية وحقق استقرارا سياسيا باعتماده المبدا المرن للفصل بين السلطات وتمثيلا حقيقيا للارادة الشعبية التي تقوم عليها الفكرة الديمقراطية، ولهذا فقد حقق هذا النظام نجاحا منقطع النظير في كثير من دول | Parliamentary system is one of the main developments that have sustained political systems and achieved political stability by adopting the principle of separation powers and truly representative of the will of the people upon which the idea of democracy is depend on. This system has made a huge success in many countries of the world as well as the cradle of growing up in Britain, and affected by the tremendous success achieved , this system were adopted for the first time in Iraq, under the Constitution of 1925 and achieved relative success , as was adopted again in the 2005 Constitution , which lay the foundations of this system and adopted an approach in the management of the Iraqi state. Due to recent parliamentary experience in Iraq under the Constitution of 2005 , it was chosen as subject of this study in order to explore grounds on which it is based and the efficacy in practice - by using analytical approach in comparison with the Parliamentary system in the United Kingdom.The requirements analytical study the necessitated dividing this thesis to two chapters preceded preliminary Section that dealt with the theoretical basis of the parliamentary system in terms of its origins and its evolution and its institutions. In first chapter I handled the principle of balance on which the parliamentary system is depend on and means used by the legislative and executive authority. In the second chapter, principle of balance has been put into practice in the Constitution of 1925 and of 2005.The thesis has been concluded with a summary of the most important findings reached by the study in light of the analysis approach, which followed with categorize the details to the general principles in the parliamentary system , including the disruption of real balance between the ministry and parliament by withholding authority to propose draft laws from Parliament and grant it to the executive authority making the parliament depends, in its legislative function, depend on the initiative of the executive authority ( government) which should be granted to the parliament and government as well.In addition to that , it is noted that public's awareness of the idea of democracy is so weak which allows Government to exercise strong control over the parliament, therefore the Parliament couldn’t practice its role in monitoring Government, which needs to be comprehensive awareness as well as experience gained by the ongoing practices of voting and electing.

السلطة التنفيذية في الانظمة البرلمانية : دراسة مقارنة == The Executive Power In The Parliamentary Systems Comparative Study

Author name: ضياء كامل كزار الساعدي
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:
Abstract: Despite the emergence and spread of the principle of separation of powers , the concept of concentration and separation of powers, the public still exists when considering the types of political systems in the world, became a division of political systems to the councilor system, presidential system and the parliamentary system is based on conditioning the relationship between the public authorities in the state.The parliamentary system more democratic regimes and more correct in the application of the principle of separation of powers , as it is based on the separation of powers and with a degree of cooperation and mutual supervision among them.And that the parliamentary system was not created by theory depend on logic purely, it is a system grew up in England as a result of the events and traditions of its own, has gone through several phases until completed pillars of the duality of the executive branch and the relative separation of powers, and became the executive power under a parliamentary system based on the presence of the head of state has not authorized the actual powers of judgment because of not being political responsibility , and the Ministry responsible is the owner of the inherent jurisdiction to direct the affairs of government, with the executive power and the balance to cooperate with the legislative authority.The success of the parliamentary system in England , to spread to most part of the countries either by tradition or by colonialism , and what was the parliamentary system has starch in England as a result of the events and traditions of their own and that the parliamentary system is not a matter of the Constitution only , but basically building a social and political creation evolution Historically, it is no surprise that dealt with the revision and is subject to appropriate if I want to apply it in other countries, depending on the different circumstances and traditions , so we see that from these countries brought about developments deep in the parliamentary system , as it has worked to strengthen the executive power even surpassed the legislative authority and thus upset the balance in favor the executive power , but within the executive power itself has worked to strengthen the role of the head of state at the expense of the role of the ministry and so disturbed system dual executive power in favor of the head of state , and in this direction came from these countries the traditional image of the parliamentary system to a sophisticated image unconventional.And the importance of the site occupied by the executive power compared to other state authorities , because of the breadth of functions and inflated role at the expense of Parliament in the conduct of the affairs of government in the state and which has become taken for granted in today's world , we have studied and stand on the rules organized under the parliamentary system in both forms traditional and non - traditional. And that the purpose of this study is to state the foundations used by Iraqi constitutional legislator of the Iraqi constitution 2005 for organization of the executive power, and the disclosure of shortcomings in the rules of the organization 's constitutional authority of the executive and its impact on the political reality of Iraq , this is in addition to the extent of correlation between the constitutional provisions governing the status executive power and practice, and through comparison between the situation of the executive power between several parliamentary systems such as England and Lebanon according to the Constitution in 1926 and France according to the Constitution of 1958 and Egypt according to the Constitution of 1971. The study was divided (the executive power in parliamentary systems) to the introductory chapter and two main chapters and conclusion. Introductory chapter is divided on two researches : the first research to study the principle focus of the authorities , while the second research shall be for the study of the principle of separation of powers.Chapter one of the study of executive power in the traditional parliamentary system is divided on three researches : the first research deals with composition of the executive power in terms of how to choose both the head of state and the ministry, while the second research will be the terms of reference of the executive power and how they are distributed between the head of state and the ministry , and the third research is concerned with studying the responsibility of the executive power and that made a statement over political responsibility placed on each of the head of state and the ministry.Chapter two of the study of executive power in the nontraditional parliamentary system , and because of its unique kind of parliamentary systems of departure from the traditional foundations of the parliamentary system , will examine the development of the executive power which through two researches : the first research deals with examining upgrade the center of the and that a President of the Republic statement in the way chosen the terms of reference and the extent of his power in the face of the ministry , while the second r will research to study the power of the executive power in the face of parliament , through a statement The relationship between law and executive decision and the extent of responsibility of each of the President of the Republic and the Ministry.The study concludes with a conclusion include the most important of our findings and the most important recommendations that we propose on the executive branch under the parliamentary system, which was brought by the Constitution of the Republic of Iraq for the year 2005

السلطة التشريعية في النظام البرلماني في ضوء دستور جمهورية العراق لسنة 2005 : دراسة مقارنة == Legislative Authority In The Parliamentary System In The Light Of The Constitution Of Republic Of Iraq 2005 A Comparative Study

Author name: شميم مزهر راضي الربيعي
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:
Abstract: تعد السلطة التشريعية اهم السلطات في الدولة نظرا لما تتمتع به من مكانة بين مؤسسات الدولة باعتبارها السلطة المختصة بتشريع القوانين في الدولة وهي السلطة التي تمثل الامة ، يتمتع السلطة التشريعية في النظام البرلماني بعدد من الاختصاصات فبالاضافة الى اختصاصها ب

الحكومة الائتلافية في ظل دستور العراق لعام 2005 : دراسة مقارنة == Coalition Government Under Iraq's 2005 Constitution : A Comparative Study

Author name: شداد خليفة خزعل التميمي
Supervisor name: سمير داود سلمان الدليمي
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:
Abstract: Pave the topic : The vast majority of constitutions do not put an end to an officer or an educated guess the future of the proportion of seats that you get the competing lists in any kind of parliamentary elections, and then can not be any list or party to predict in advance the number of seats that will be obtained within the parliament, and whether Cetkfah these seats to play to form a government and then up to the helm of power or you may get a seat converts numbers between one seat to form a government, and the reason for this is that the Constitution puts the general rule for the type of election was only the direct secret ballot, and this is what was adopted by Iraq's constitution in force for the year leaving in 2005 to determine the number of seats to votes.There is also a constitutional texts focused on the necessity of the distribution of parliamentary seats under the pretext of the representation of all, this indicates the Shi it shows that the constitutional legislator has already predicted, and wanted to force the political parties that have entered the field of race to accept the other parties, even if they lower their importance, has won a seat or two seats, but they must lend a hand to the other parties to be able Bmeitha to achieve the required majority. Not to mention that social classes and cultural diversity and sometimes sectarian thought is could lead to heterogeneity within the parliament so the coalition government may be considered as one of the constitutional solutions that the political system may be off the hook completely legal vacuum and frequent formation of governments that may generate already dead not Asthsalha on confidence required by the members of parliament.The coalition government in Iraq, borne out of social reality and the large number of political parties that wish to participate in one way or another or to gain power and to enter the arena of political life. So it was incumbent upon the other parties to accept smaller parties however reluctantly in order to gain the confidence of Parliament.And Iraq are among the most Arab countries, which have seen shifts violent political events since the emergence of the modern Iraqi state in the twenties of the last century and up to the present has been to these transformations events as much as they relate to considerations of interests and policies, international and regional alliances on the one hand and the conflict or convergence of ideas and objectives of the parties various Iraqi political forces on the other hand, in how to manage the affairs of state raised included the overall aspects of life in Iraq, including the political aspects that can be expressed in terms of political effectiveness and political stability. Previous political experience has shown that there is a close between form followed the political system and the efficiency and stability of political Dolh.vfa Iraq relationship can identify a set of indicators by which the performance of successive political regimes measure the extent to which the effectiveness and stability of the politicians and the consequent economic and social progress, including that of the extent of success in the application of the rules of democracy and public freedoms and participation in governance and the peaceful transfer of power and dealing with the Kurdish issue and sectarian issue, including with regard to the quality of the foreign relations with regional and international Oceans.Importance of the study : The importance of research Ptsulaith to eat Iraq partisan composition of which reflected the social, cultural and religious reality and how it affected the political and constitutional approach to the formulation of legal frameworks and political practices and access to popular satisfaction expressed by the political parties of the Iraqi social Alaracah.valbeih consisted of different visions and different religious affiliation different components which reflected heavily on Iraqi society options during the election which led to the disparity in the electoral votes and the secretion of Parliament can say that he is not homogeneous did not get under which any list of the majority required to qualify for the formation of Aovernmh.kma lies the importance of the phenomenon of coalition governments have begun to spread not only Iraq, but in most countries of the world for reasons including the desire to engage the small parties and representation of all the components in order to reach a rational political decisions away from monopoly and domination or individual.The problem of the study : The real problem to the subject of the coalition government lies in the difficulty of finding a compromise formula for the party to attract the largest number of parliamentary seats, which makes it difficult to form a government many The seats scattered inside the parliamentary dome in Iraq, causing him to resort Some parties are forced to enter these seats within the list to be able to form a government and impose their will on these small seats as it does not pose a threat, and which benefited from a temporary stage. The parliamentary elections in Iraq has produced this fact, which called for the matter to the desire of the lists that did not reach the threshold required to form a government initiative to make concessions may amount to its election program in order to enter the largest number of seats to be able to form a government. As summarized study the problem in the elucidation of whether there was a relationship between the nature and form of applied in Iraq's political system on the one hand and efficiency and stability of the politicians on the other hand, or is there another form of political systems can be a better alternative, in the sense alternative that achieves the highest gains with minimal losses commensurate with the nature of Iraqi society combination.The study hypothesis : Consistent with the study, we presented a problem, we proceed from the strong hypothesis "that there is a positive relationship between the form of the system of government on the one hand and efficiency and stability of the politicians on the other hand in Iraq," in other words, that whenever government which will absorber for the combined nature of Iraqi society system whenever he was able to achieve political instability that followed internal stability of the year. Has demonstrated this hypothesis through history many models of global political systems that managed the advancement of society civilized advanced on the ruins of a number of religious, sectarian, political and social conflicts between groups with origins, religions and doctrines of different away from foreign interference, and this is what has been achieved in many countries such as India, which includes social vehicle lineup is very large, as well as the European communities that settled after the religious and ethnic conflicts and its example of France and Britain as well as the United States, which includes a mixture of different religions and ethnicities.The study methodology : Our study of this study as interference in the humanities field that legal studies comprising a part, has been the adoption of the descriptive approach to describe the phenomenon in question and study, as primarily been adopted comparative approach to compare the fact that the message title of a comparative study of models elected Arab countries or non - Arab, and as well as about it, the analytical nature of the study also so analytical method employed in the comparison and analysis. Plan or structure of the study : For the purpose of the study of the subject (the coalition government in Iraq under the Constitution of 2005) divided the study or divided into three chapters and a conclusion.Chapter I : devoted to the study of the coalition government : a theoretical framework, has been divided in three sections : specialize first section, the concept of the government and the coalition government, while the second section was dedicated to the study of the properties and elements of the formation of the coalition government, while the third section, consecrated for the emergence of coalition government .The second chapter was dedicated to the study of the formation of the coalition government requirements, and distributed to the three sections. We studied in the first part, the availability of a parliamentary political system political system as a condition for the formation of the coalition government, while the second section, handled constitutional provisions to help form a coalition government, while the third section, focused on the legal texts to help form a coalition government.Finally, Chapter III : Section two to two sections, the first section defines the nature of the political parties in Iraq after 9.4.2003, while addressing the second section, the political parties in Iraq and its role in the formation of the coalition government.In conclusion, the study conclusion that included the most important findings of the study with a set of recommendations.

التنظيم الدستوري والقانوني للحقوق والحريات الاقتصادية : دراسة مقارنة == The Constitutional And Legal Rights And Economic Freedoms Regulation (A Comparative Study)

Author name: حسين غازي كاظم الزبيدي
Supervisor name: مصدق عادل طالب
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: The rights and economic freedoms is part of human rights and public freedoms and the so - called second - generation rights on the grounds that the first generation of rights and freedoms include the civil and political, for which she received full attention to the rights and protection as one of the first rights that have been claimed by their rulers peoples.But after the Universal Declaration of Human Rights of 1948 and the International Covenant on Economic, Social and Cultural Rights in 1966, the growing interest in these rights form that made States have shown considerable further care and maximum protection through the text in their constitutions and the adoption of constitutional and legal safeguards necessary to protect them, and it stands when this limit, but were necessary laws to regulate and restrict the exercise by individuals without this restriction amounts to a deprivation or expropriation. The question that arises in this regard, what is the concept of these rights and freedoms and how it has evolved under different economic philosophies of the states? And how it was regulated constitutionally and legally? What are the constitutional and legal safeguards available for the protection of these rights and freedoms?I've been dividing this subject (the constitutional and legal rights and economic liberties organization - a comparative study) into three chapters, the first chapter dealt with the study of the concept of economic rights and its basis, and singled out the second chapter organization of the constitutional and legal for some types of these rights, while the third chapter in dealing with a statement of constitutional and legal for these guarantees rights and freedoms, and the study ended conclusion to a statement notable findings of the researcher of the findings and recommendations.

ثنائية السلطة التنفيذية في دستور جمهورية العراق لسنة 2005 : دراسة مقارنة == Duality Of The Executive Authority In The Constitution Of Republic Of Iraq For The Year 2005

Author name: ايمان جسام محمد
Supervisor name: مهند ضياء عبد القادر
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:
Abstract: The executive authority status differs from one country to another according to the political regime applied in it, the executive authority status in a country applied parliament system differs from its status in another state applied presidency system, and for these systems based on the execution authority, all the attention is directed towards the latter system, and distribution of authority in it, and here we could find two kinds of systems in this respect.There are systems adopted uniexecution authority principle of its subject and form here related with the presidency system, the president of the state is elected by people in this system, where he gathered between the capacity of president of the state and president of the government, thus the president of the state in this system dominated and ruling, he is at the top of the state, and he is the president of the execution system and he is in charge of it before the people, where there is dissolve of responsibility.There are another systems based on duality of executive authority, we mean here the parliament system, where this system depending distribution of powers in areal way between the two positions, we could find in it that the execution power based on the principal of duality, means the existence of two persons at the top of the execution authority, president of the state( king or president of the Republic), due to the nature of the system, whether it is monarchy or presidency, that the president of the state enjoys independence from the position of president of the government, and he does not practice his specialization actually, where the real authority concentrated in the hands of the government and its direct president( prime minister), and his decision are not implemented motely unless signed by the prime minister or one of his specialized minster, subsequently , this system created some kind of logical and rarional distribution of power between the state and the prime minister, and if the execution authority has a special structure, a distinguished status in all the previous mentioned systems theoretically, but the application has witnessed the a state of real outing from logic of his system , as a result of desire of constitution side of some states by generating of coupling for the principle and the fundamentals related with more than one system, and for the existence of real conditions, surrounding the state that getting it out from its main features of the applied system, the matter, that influenced on the execution authority status and leads to change in its traditional characteristics and there would be formal distribution of the authority between the two owners of the positions, if it is focused clearly the superiority the state position on the account of the prime minster that effects on the system nature, thus the jurists of the constitution law, that the constitution of the French,1958, has violated the parliament system via giving the president of the state wide powers, strong position, where it mixes the parliament and the presidency systems, and the presidency of the republic overweighed upon the expenses of the government, and according with what has mentioned, we try to know the principle of execution authority duality in Iraq in light with our current constitution for the year 2005, and comparing it with the parliament systems whether traditional one or non traditional, via carrying comparative analyzing study of the president of the republic's relations with the prime minster in some parliamentary systems such as Britain, Germany, India, motherland, Norway, Austria, Japan, Portugal, Canada, Poland, Italy, and of Arabic such as Jordin, Bahrain, Kuait, Tunis, Syria, Yemen, Egypt and the truth that choosing the subject lies in knowing the constitutional and reality status of the prime minster and the government as whole, also there is auto reality represented by knowing the existence of application chances of the Iraqi parliamentary system, of considering the duality of the execution power being the originally one of the basics of the parliamentary system, also some of previous various studies of the execution authority did not discuss but aspect of administrative organization of the relation between the president of the republic and the government, we discussed the execution authority as administrative association without discussing analyzing the constitutional and political dimensions of the relation between the parties of the authority. Based on what has mentioned and with the bless of Al - mighty Allah, we would discuss the subject due to the following plan : - The first chapter : overview about dual authority notion The first category : definition of and starting The second demand : the reality starting of the duality notion The third demand : the legal starting of dual notion The second category : Dual form of execution authority The first demand : formal duality( consultation) Second demand : constitution duality Third category : the influenced factors of dual notion successFirst : demand : election system Second demand : depending adjacent signature base Third demand : party disciplineForth category : duality notion in the Iraqi constitutional systemFirst demand : staring of Iraqi parliament system Second demand : duality notion in presidency constitutions Second chapter : Duality notion in the Iraqi basic law for the year 1925The first category : The king specialty in the field of legislation power The second demand : specialties in the field of execution power Second category Role of prime minster in the basic law for the year 1925 First demand : specialties in the field of legislation powerSecond demand : specialties in the field of execution power Third chapter : duality notion of the valid Iraqi constitution for the year 2005. First category : position of president of the state under the Iraqi constitution for the year 2005 First demand : methods of choosing rulersSecond demand : specialties of president of the state under the constitution 2005 First category : methods of choosing rulers Second demand : specialties of president of the state under the constitution of 2005. First branch : direct specialty practiced by president of the state separately Third demand : states of termination the governing period of the president of the state and the responsibility arranged on it First branch : states of termination governing period of president of the state. Second branch : responsibilities of prime minster in 2005 constitutionThe second category position of prime minister in 2005 constitution First demand : the special provisions of choosing and termination of the governing period of the prime minster Second demand : specialties of prime minster according to valid Iraqi constitution 2005. First branch : specialties of the prime minster Second branch : responsibilities of the prime minster under the constitution of 2005

التنظيم الدستوري والقانوني للعلاقة بين السلطتين التشريعية والقضائية في العراق : دراسة مقارنة == Legal And Constitutional Arrangement For The Relationship Between Constitutional Legislative And Judicial Authorization In Iraq Comparative Study

Author name: انتصار حسن عبد الله محيميد
Supervisor name: ميثم حنظل شريف
General topic: Law
Specific topic: Constitutional Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
First pages:
Abstract: تناولت الباحثة دراسة التنظيم الدستوري والقانوني للعلاقة بين السلطتين التشريعية والقضائية في العراق - دراسة مقارنة - حيث تتجلى اهمية بيان الحدود الدستورية بين السلطتين التشريعية والقضائية في الاعتداء الذي يحصل من كل من السلطة التشريعية على القضائية وبالعكس | The researcher dealt in her studying the constitutional and legal regulation of the relationship between the legislative and judicial power in Iraq - comparative study - which reflected the importance of the constitutional boundary between the legislative and judicial power from the assault that gets from both the legislature and the judiciary versa, the legislative power which holds the organization of the judiciary power may detract from the judicial power by legislation, and Depending on the nature of the subject of research, we decided to divide it into three chapters preceded by a preliminary research in order to make a distinction between the legislative competence and Jurisdiction, The first is devoted to address the purview of the legislative power in the organization of the judiciary and its actions, Stating the intervention of the legislature in the organization of the judiciary and interfering in his job performance, as well as the relationship of political censorship in judiciary functions.This research has been dealt with in the second chapter overlap of functions between the legislative and judicial power, we dealt with the right of charges and trial of the president and members of the executive power also the separation in the authenticity membership of the legislature member's power.The third chapter dealt with the subject of the intervention of the judiciary in the function of the legislative power, we addressed the trends of the judiciary and jurisprudence in control of the legislature authority, and the possibility of the judiciary in the detection of the legal base, and the constitutional judiciary applications in the right intervention in legislature acting.The study concluded a set of findings and recommendations.

التنظيم القانوني لمهنة المحاماة في العراق

Author name: تغريد محمد قدوري النعيمي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

النظام القانوني للمؤسسة الاشتراكية الاقتصادية في التشريع الجزائري

Author name: محمد الصغير بعلي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

رقابة الهيئات المستقلة لضمان حقوق الافراد : دراسة مقارنة

Author name: سعد عدنان عبد الكريم
General topic: Law
Specific topic: Constitutional Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

مسؤولية رئيس الدولة في النظام البرلماني

Author name: كاظم علي الجنابي
General topic: Law
Specific topic: Constitutional Law
Degree: Doctorate
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad

العرف الدستوري ودوره في بعض الدساتير المعاصرة

Author name: زينب شريف نعمة الجزائري
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Baghdad - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Baghdad
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