Keywords : constitution


((EMPLOYEES STRIKE: BETWEEN A CONSTITUTIONAL RIGHT AND AN ACT PUNISHABLE BY LAW)) A COMPARATIVE ANALYTICAL LEGAL CONSTITUTIONAL STUDY, WITH A FOCUS ON THE IRAQI CONSTITUTION AND LAW"

Sheet Mustafa Khudhur Kakashin

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 323-383

movements and the workers ’struggle for fairness, when his rights are taken away and there are difficulties in his work conditions, so he demanded to recover them and improve working conditions. That is, the strike to force the management to respond to his legitimate demands, and that step was met with force and criminalization, and after a long and bitter struggle with employers and the ruling systems, the strike was approved as a right. The constitutions of many countries have stipulated that strikes are a right and laws have been issued that regulate the work of workers and recognize it as a right for him to exercise it by peaceful means. Global, regional and international, it is not easy for state governments to overlook it, and in other countries everyone has practiced this constitutionalright. However, the issue of recognition of the right to strike in other countries was limited to the category of workers in the private sector, without translating that order into the inclusion of another group, which is the segment of employees, who were denied the exercise of this constitutional right due to their position in the work regulated by public law under the pretext that the functioning of the public facility is stopped regularly and Increasingly, and for this, everyone who does it criminally and administratively is guilty. Accordingly, a contradiction appeared between what was decided by some constitutions and what was previously legislated, and comparative law jurists succeeded in lifting it. Strike, under certain conditions and by peaceful means, taking into account ensuring the regular and steady functioning of the public utility, The comparative judiciary supported that with its decisions, and considered it a failure of the parliament to organize it that does not mean sacrificing the right, especially in countries that signed international human rights agreements, including Egypt and Iraq, and these agreements became their domestic law to be applied and which abolished the law that was criminalizing it, and thus the right to strike became an effective means of claiming rights For all, including employees, the strike is no longer a crime punishable by law.

COOPERATION BETWEEN THE LEGISLATIVE AUTHORITY AND THE EXECUTIVE AUTHORITY UNDER THE PROVISIONS OF THE CONSTITUTION OF THE REPUBLIC OF IRAQ FOR THE YEAR 2005

Hashem Hussein Ali Al-Jubouri; Salah Rafiq Zaman

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 385-404

The principle of separation of powers is the main and basic principle upon which all parliamentary systems stand, and each system has its own interpretation of this principle, including the parliamentary system, which embraced the separation of powers as a chapter marred by the spirit of cooperation and mutual oversight between the legislative and executive authorities, and which made this cooperation and oversight a fundamental pillar on which it rests and confirms. Its existence, which led some jurists to say that cooperation and oversight is the basis for the existence of the parliamentary system, and rather to say that this cooperation does not exist in other parliamentary systems, namely the presidential system, which is based on the absolute separation of powers, and the council system, which is based on the dominance of power Legislative authority over the executive authority, there is no room for cooperation in these systems, but the parliamentary system is unique to them and is exclusive to them

The Independence Of The Iraqi State Council From The Executive Authority ((A Comparative Study)) (Quoted)

Ahmed Khorshid Hamidi Al-Mafraji; Muhammad Salim Muhammad Amin; Qusay Ahmed Fadel

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 426-464

The existence of the independent Council of State is considered to be an important guarantees in all countries that adopt the dual justice system, This Council is committed to achieving justice, This requires ensuring the separation of this Council from the executive and legislative authorities. This independence is a result of the rule of law, aims to achieve justice through the control of the principle of legality in the work of the administration and the protection of rights and freedoms of individuals by the Council of State, and independence is essential for the neutrality and objectivity of the application of the law in the face of the parties, the State Council is unable to carry out its tasks effectively, unless ensure its independence. In Iraq, the State Council was established by Law No. (65) of 1979, called (State Consultative Council), as a department belong Ministry of Justice, which was first specialized in legalization and the beginning of the opinion in the legal affairs of the state, and then under the second amendment thereto by Law No. 106 of 1989, The Constitution of 2005 stipulates that the Council of State may be established by virtue of the provisions of Article 101. Its functions have been defined by the functions of administrative judiciary, advisory function and representation of the State before the courts. 2017, to make it an independent judicial body with a moral character.

THE ROLE OF PUBLIC OPINION IN ENSURING THE PRINCIPLE OF EQUALITY AND NON-DISCRIMINATION

Mona Yokhna Yako; Safaa Muhammad Nuri Ali

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 2, Pages 1-42

من المعلوم أن مبدأ المساواة وعدم التمییز یعد القاعدة الأساس، لحمایة حقوق الإنسان وحریاته الأساسیة، على الصعیدین الداخلی والدولی، وان الحفاظ على هذا المبدأ، یتطلب البحث عن الوسائل التی تکون قادرة على ضمان تحققه، لیلتمسه المواطن على أرض الواقع، لا ان یبقى حبراً على ورق، وبرأینا، ان الرأی العام، متى کان فعالاً وناضجاً، ومتى تم ممارسته من قبل النخبة، یصبح قادراً على ضبط عملیة التمییز ومنعها، عبر استخدام طرق استثنائیة، کالتمییز الایجابی, وتجدر الإشارة إلى ان المساواة، لا یمکن الا ان تکون نسبیة، اذ لا یمکن ان تتحقق بالنسبة للمراکز المتماثلة، کما انها تختلف بشأن المراکز المختلفة، وهذا یعنی بالتالی ان قاعدة المساواة فی معاملة المنتفعین من حق، لا تمنع من التفرقة بین فئات الاشخاص المتواجدین فی مراکز مختلفة، وهذا ما  قمنا بتوضیحه فی إطار البحث.

COMPETENCY OF FINANCIAL LEGISLATION FOR IRAQI PARLIAMENT IN THE CONSTITUTION OF 2005

Asan S. Nagmaaldeen

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 33-74

The financial legislation in Iraq relies on a collection of legislations such as the financial management and public debt act no. (95) of 2004. As such, it faces several failures, some of which are due to the inadequacy of the relevant legislation which is adversely affecting the financial legislations. This situation needs a study of its phases to and propose solutions and terms, in particular the states of democracy adopting the separation of powers.

CRISIS MANAGEMENT UNDER THE CARETAKER GOVERNMENT

Saleh H. Ali

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الاول, Pages 23-42

Countries and governments, including Iraq, often face sudden and sudden crises that result in negative effects, threatening stability and destabilizing societal security such as terrorist operations, security, political and economic crises, civil disobedience, and the general epidemic, and crises such as security, health and other services. Whereas the caretaker government is a government with limited powers to conduct regular daily matters, the administrative decisions that it makes, and material and legal measures under exceptional circumstances, are only in response to the duty to maintain public order. The decisions and measures that are taken must be Subject to the provisions of the law.