Keywords : Jurisdiction


THE COMPETENCE OF THE PRESIDENT OF THE REPUBLIC OF IRAQ TO ENSURE COMPLIANCE WITH THE 2005 CONSTITUTION

Friday morning Al-Bawi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 176-204

This research aims to study one of the competences entrusted to the President of the Republic of Iraq according to the Constitution of 2005 which is (the president’s competence to ensure compliance with the constitution). The research starts this by determining the influence of adopting parliamentary system on the competences of the presidents in general and in Iraq in particular, the research reviews also the nature of the aforementioned competence, its limits, ways of practicing it and clarifies the intention of the constitutional legislator about assignment such competence to the President of the Republic, and after that the research shows the truth of that competence and whether it exists practically or is it just a beautiful vocabulary but without meaning.The research concludes that Article (67) which stipulated that competence for the president of the republic required that the president exercise it in accordance with the constitution, but the same constitution was devoid of these provisions that should regulate the competence and indicated the tools and occasions for exercising it. This has made the competence merely an allegation without basis for regulation, limitation, or even existence. This prompts us to say; if the constitutional legislator wishes really to adopt that competence, the he has to organize and guarantee it, if not, he has to remove the competence, this is rather than mentioning hollow competence.

SENSORSHIP OF FEDERAL HIGH COURT ON THE CONSTITUTIONALITY OF ADMINISTRATION REGULATORY DECISIONS IN IRAQ

Khalid M.Salih

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 1, Pages 277-292

The federal high court in Iraq has many competencies. One of these competencies controlled the instructions of the administration and the general acts. In particular, the researcher found many mistakes and miss understanding for Interpretation the instructions of the administration. Therefore, this research explains the control of the federal high court in Iraq instructions of the administration and the general acts.

THE NON-JUDICIAL FUNCTION OF KURDISTAN REGION SHURA COUNCIL – IRAQ AN ANALYTICAL AND COMPARATIVE STUDY

Rayazan S.Sharif

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 199-222

A non-judicial function is one of the basic pillars undertaken by the consultative Assembly in the Kurdistan Region of Iraq based on the law of the Consultative Assembly No.14 of 2008 under this function shows the Council as a legal adviser to the state and give legal opinions illuminate the legal way public administration and find solution to what may be between the departments. It also contributes to the preparation and drafting of laws related to public administration. Moreover, it assumes the existence of a frame that possesses scientific and technical expertise in its performance .Additionally, the importance of such council is the need for a scientific and technical institution to provide legal advice and interpretation and preparing the legislation of the state in all the problems it faces in the region despite the recent establishment of the Consultative Assembly and the large restrictions on its functions, but this council exercises clarification of the legal provisions of public administrations and express opinion and legal advice in the matters before it .

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.

LEGAL REGULATION OF LOCAL FUNDING SOURCES FOR GOVERNORATES NOT ORGANIZED IN A REGION

Asma N. Ibrahim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 207-236

Paying attention to the finances of the governorates that are not organized in a region by developing their resources, rationalizing their expenditures, clarity of their budget, and accuracy will promote the pillars of regional administrative decentralization, ensure the independence of local bodies, as well as the importance of determining the overlap in the financial competencies between the federal government and the governorates that are not organized in a region. Legislative regulation of the financial competence of the governorate and what it should be in the field of local revenues.

Jurisdiction in Litigation Disputes (Sudan Case Study)

Aboaubadi .A.Alkhalifa

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 1, Pages 35-65

This research investigates the impact and provisions of the responsibility of banks in documentary credits from an applied, comparative, legal jurisprudence perspective. The importance of this issue emanates from the fact that documentary credits has become the main pillar for the international trade. To attain the objectives of this research, the researcher used the objective comparative analytic inductive approach hoping to reach at authentic scientific facts; through tracing concepts and statements to the genuine authors, referencing verses to the respective chapters and authenticating the chain of relevant Prophet traditions based on recognized books of tradition and relating their context in an accurate quoting approach. The research treated the documentary credits in general and the related provisions. Further, it provided the definition for the documentary credits as a legal terminology, in addition to addressing the concept in jurisprudence, beside the conditions and manifestations, as well as the designated rule documentary credits. The results of this research reflected that the written reliance is a written undertaking. This will include all parties and relations between them and their obligations. There is a similarity in the procedures for opening documentary credit in all banks. The banks may take a commission to open documentary credits in the form of a percentage, Only the full credit coverage. The results also indicate that the evidence required in the cases of banks is documentary evidence as banks do not deal with their customers orally. The results of the research are reflected in the recommendation to establish uniform regulations by the Bank of Sudan to regulate all matters relating to documentary credits in accordance with the International Standard Rules and Customs for Documentary Credits. This amendment obliges the banks to comply with the customary rules of dealing and the common general conditions issued by the ICC.

Jurisdiction between Theory and Practice (Comparative Study with Judicial Applications)

Ahmad. S.Yassen

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 2, Pages 188-236

One thing may happen to be owned by more than one person , so that each of them has the right to a common symbolic share belong to thing in a group such as half , quarter or one sixth , for example . And without allocating to each of them a material part of the property , in which case ownership would be a common property .It is noted that the common law is the result of the multiplicity of right holders in kind is not limited to the right of ownership . But can be achieved for other rights in kind if the partners did not meet on the division of satisfaction or whether they are locked and wanted some of them out of common .Then they have no recourse but to resort to the Judical division , which begins its proceedings to bring the case of division to the rest of the partners before the competent court . which is one of the important cases in which one partner is asked to end the state of communion by division if possible , otherwise selling if the things is indivisible and distribution of the allowance to partners , especially if we know that there is one court of first instance does not consider the case of Judicial division throughout the year because of the direct prejudice to people's money an d property . In this study , we will address the issue of division of the Judiciary from the definition of liabilities and characteristics as well as put into practice .