Keywords : judicial principles


GUARANTEES OF THE CONSTITUTIONAL AND ADMINISTRATIVE JUDICIARY FOR THE RIGHT OF PRIVACY (A COMPARATIVE STUDY(

Fakart . R. Alsyd; Majed .N. Al-Jubouri; Najm. H. Mashayekhi

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 1, Pages 300-332

There is no doubt that the rights and freedoms, including the right of privacy, have been adopted by the constitutions of most countries and have been adopted in the past by international conventions and charters due to being close to human beings. The Constitution of Iraq came into force in 2005 to follow this approach. Article 17 states that "Everyone has the right of privacy, not contrary to the rights of others and public morals, and inviolability of houses is protected. Article 40 provides that "Freedom of communications, correspondences, telephoneic, electronic. and other communications shall be guaranteed, and may not be monitored, intercepted, or disclosed except for legal and security necessity and by judicial decision", with full guarantees of these rights, Constitutional and administrative, which is to restrict the courts of different types and degrees to establish judicial principles that guarantee the right to privacy, affecting reality through the decisions issued by each case.