Volume 2, Issue 7, Autumn 2013, Page 1-406


Problems of Iraqi Nationality Law No. (26) for the year 2006 in the field of granting citizenship and withdrawn

Jottiar M. Rachid; Mohammed J. Hassan

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 1-33

ABSTRACT
After the system has been changed in 2003, Iraqi legislator found himself in front of an injustice law to the Iraqi nationality, as a result of its implementation hundreds of Iraqi’s citizen has been forbidden from their nationality which has no any excuse awfully. In 2005 Iraqi constitutional decided the rules that related to the Iraqi nationality which was not included in the previous legislation. As a result of that, Iraqi legislator has ruled the new Law of Nationality in 2006, which considered about the implementation of the provisions which has related and cancel or edit an injustice rules which included the previous law and decisions that related to the Iraqi nationality. Despite that development which happened under the new law, but it is contained many problems.
First of all, the new legislation has espoused the constitutional principle regarded to the equality between man and women in field of transfer Iraqi nationality to their Childs without any restriction and it’s not contain any regulations which bind nationality of Iraqi mother on their Childs. In addition, the new law is not corresponding to the modern bearings for nationality legislation which is binding, because of humanity reasons, nationality of state on born in its territory from their parents which have non nationality. In the field of acquired nationality, the legislator in the new law has not succeeded some times.
On the other hand, the regulation of the new law for the loss and retrieval of Iraqi nationality contain obscurity and diminution in different parts especially in the field of withdraws Iraqi nationality. Despite the debilitation in legal wording which is cleared in different provisions of the new law of the Iraqi nationality.

Damage resulting from irregularity mail

Nawaf H. Khaled

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 34-82

Abstract

The damage resulting from irregularity-mail as a result of grabbing the data of computer data, information and funds or assets for the money, the most important and most serious damage that can be located through the use of computers, so it should be looking at the pictures unlawfully seized mail that can be located using the computer, because these images is still controversial jurisprudential, and the other side has to be a statement of the adequacy of the traditional rules to cope with this damage if it falls on those data, it divide this research into two sections address on the first images irregularity-mail, and the second address in which the subject of liability arising from the irregularity-mail to the provisions of the traditional rules

The tax on capital movement

Abdel Basset A. Jassim

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 83-122

Abstract
Appearances arising from financial globalization sweeping the world of the present time is the ease of movement of goods and services , as well as the movement of capital across borders without the limitations of that , because what the state only protection without interfering with the restriction , as a result of the negative effects of financial globalization on the economy national states in terms of capital flight abroad and the exposure of the national currency speculation international in global markets , it has emerged the idea of the need to impose a tax rate very low on cash transfers from one currency to another currency across the border to reduce international speculation about national currencies , as well as being a means to bring about development domestic and international revenues by distribution between states is not consistent to impose , but to other developing countries with the aim of providing assistance to them in accordance with the principles of international morality .

IRAQI Woman in the vision of peace according to the United Nation norms

Nagham E. zaya

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 123-155

The woman is an essential partner in the process of building peace and taking care of activating her participation in the rise of her community that is overcoming a conflict, i.e. in a stage of post-conflict which matter has come to be a realization of the potentials enjoyed by the woman if opportunities shall be accorded to her on an equal basis away from discrimination.

In fact, the woman has acquired an important space of the nations care as after laying down the convention of the united nations in 1945, then an international rule was formulated on the basis of which all the international declarations, resolutions and statements were launched, i.e. equality between man and woman on all the levels without discrimination as woman constitutes a basic heart for the life of all of its aspects. Hence, and if we are to talk about human rights and protecting the same, then no active and integrated protection would be achieved unless the woman’s rights shall be protected on the basis of equality. As for the impact of the armed conflicts and struggles, then the impacts of the same on the community may not be thoroughly analyzed regarding the social, economic, cultural, political and security aspects unless the impacts of the same on woman shall be considered in addition to the violations sustained by her particularly being a woman and specially, the sexual violations as well as the impact of violence practiced against her in reducing her sharing the solving of the dispute and the operations of supporting peace as violence leads to challenges resulted from the position of the woman during the time of the conflict and thereafter.

However, and to confirm the close relationship between woman, peace and development, then the beginnings of the twenty first century witnessed a set of the essential resolutions issued by the Security Council affiliated with the United Nations of which mainly was the resolution No. 1325 issued in 2000 followed by the resolutions Nos. 1820 and 1888 in 2008 and the resolution No. 1889 in 2009 which all in all pointed at the position of woman and her rights as well as the necessity to lay down an international and national strategy to cause her to share her protection against the impacts of the conflict and participating in solving the same in addition to the peace processes. In fact, and by connecting between the said resolutions and their provisions, then the position of the Iraqi woman does not go beyond the standards laid down by the United Nations related to the woman and peace for which the question raised here is the actual extent reached by Iraq in implementing such standards after giving more than ten years passed as from issuing the resolution of the Security Council No. 1325 in 2000 and following the disputes witnessed by Iraq as well as the efforts aimed at building peace therein shared by the Iraqi woman as well as analyzing the position of the Iraqi woman from the political, social, cultural and economic aspects after which we shall be capable of measuring the extent of progress in having Iraq implemented the requirements of the resolution of the Security Council No 1325.

The supervisory role of the constitution of international treaties

Majid N. Idan; Salwa A. Maedaan

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 156-208

Abstract
After the entry into force of the International Convention in the domestic legal system, they take a position in the hierarchy of the gradient legislature of that State and then become law internally, like other laws, then the individuals under the text of strange not agreed upon by the will of the nation - as is the case in domestic law - but agreed several wills for different countries to put into practice, however, this is not easy to achieve because of the state law there is a gradation of laws called the gradient legislative, coming in the constitutional rules in the foreground because of the fundamental principle of (altitude or HH Constitution), both formal and substantive, and Then the consequences of this is that all the laws in line with the rules set forth in the Constitution as the cornerstone in building a legal state, and then looking over the constitutionality or legitimacy with the Constitution so that should not be contrary to or inconsistent with the substantive provisions of the Constitution as a whole, that is not inconsistent with mass constitutional as a whole any should not conflict with the preamble to the Constitution nor with the basic principles and provisions which it is based, and they must respect all the rights and freedoms guaranteed by the Constitution of the individuals in the sense that it may not restrict the absolute right or confiscated or Antqas or violated in any way contrary to the stipulated in the Constitution, moreover not be compromised primarily upon which the state system, whether the amendment or change and also does not affect the elements of society the political, economic, social and moral granted and fixed by the Constitution, all these things led us to search, even if some objectivity to study this subject due to capacity because the original to control the Constitution precedes the constitutional judicial control

The Legal basis and independency of the Iraq’s High Commission for Human Rights

Luqman O. Ahmad

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 209-252

Abstract
The Iraq’s High Commissioner for Human Rights in Iraq is authorized by the Constitution of the Republic of Iraq in 2005 in force, to promote and protect human rights in Iraq. Commission Act which was issued in 2008, reflected the criteria listed in the Paris principles. The High Commissioner for Human Rights, as an independent and national human rights institution with a constitutional mandate, is a prominent institution and represents a turning point in the history of sophisticated legal system for the protection of human rights and fundamental freedoms in Iraq.
This research deals with the legal framework of the Commission in terms of legitimacy, and structural position of public authority in Iraq, and the degree of autonomy and guarantees, and shows the method of its composition and membership provisions.
Eventually, the research, presents a number of conclusions and recommendations, for the Iraqi legislator to take into consideration.

Constitutional monarchies between principle and practice

Bakhtiar Kh. Hamad Amin

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 253-295

abstract
The monarchy is one of the oldest regimes known in history as it was widespread in most ancient societies and through back to ancient times, we find that the monarchy derives originally historical fact kings derive their authority from God and they successors God in the land and there were theories Annbarr such a belief and the idea of the old property emphasizes that the king's power was absolute and is characterized by unity of purpose and order and was the king in ancient societies all authorities and was collecting in his hands all the legislative, executive and judicial was as a legislator and judge's ruling that one in a particular area nor Shared one of the people except his sons close to the family were not property to be consistent with the development of civilization and that fit with the requirements of this development only laboriously great and after a terrible among the kings and peoples, after the steadfastness long peoples and submitted to the sacrifices in defense of its rights resulting from Milk that the monarchy evolution He became acquires dimensions new constitutional within architecture state's political and historical development of the monarchy show us that this system has passed the conditions and bloody conflicts resulting from Milk appearance different systems of the monarchy and it we find today that the monarchy types multiple and constitutional monarchy or the so-called (monarchy Restricted) is a form of government established under the constitutional system which recognizes elected or hereditary king as head of state is different from absolute monarchy in order to restrict the powers of the king where the king or monarch is the only source of political power as though King Under this system has specific powers in the Constitution It handles governance through through inheritance and that there is more than one problem faced by constitutional monarchies in the Middle East, specifically in the current circumstances which differ in a constitutional monarchy to a constitutional monarchy other and related to democracy or human rights or national development and survival of the current situation in the property In the region and specifically in the current circumstances and in light of existing problems do not bode well where we find that the voices of protest in these countries is on the rise and it, these monarchies ruling in the region if it wants to remain in power and less cost, they should work to build a constitutional monarchies in their countries and to that Have to work on building system based on the grounds that the ruling family be a framework symbolic meeting political so you do not have the reins of power are in power, but it does not govern effectively and despite that this approach is a radical change in the state administration and can not be achieved at the present time, but that does not preclude the preparation of a list of programs to adopt steps in this direction for the subsequent period - for example, twenty next year - and the political program, posed in front of properties that exist in the region to shift to constitutional monarchies

Treatment of juvenile criminal

Khawla A. Ali

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 296-347

Abstract
That modernity critical stage worthy to be taken into account, because the humanitarian community has realized the importance of sponsorship of the event and provide appropriate conditions for the upbringing upbringing correct, and protect him from all that is threatened by the dangers looming, and comes in this context Maitard his juvenile offender after deviation or risk of delinquency during track and to be checked for the competent judicial authority to try him .
As community must take the necessary measures and precautions to prevent the aggravation of deviation or reached an impasse, as the treatment of conditions deviant event for the first time often much what lead to rooting criminal tendency has to become in the future of adult offenders .
In order to search on the subject (the treatment of juveniles criminally) has been divided into three sections, devoted First research of the concept of the event and in the two requirements, we dealt with in the first definition of the event and in the second we explained the definition of event deviant and event threatened deviation, and we have dedicated the second part of the criminal responsibility for events in Sharia and law which includes two requirements discussed in the first treatment of events in the criminal justice system of Islamic in the second criminal responsibility for events in the law, either the third section was dedicated to the procedures established by law and that the two requirements, stated in the first investigation and prosecution of the events in the second measures applied to the events.
The conclusion will researches what we arrived on it in our research from conclusions and recommendations.

Modernist and political role in the development of liberal political order

Ihsan A. Salman

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 348-383

When every society incoming into static and solid situation which dominated by old type of thought and cultural system and decomposed shape of relation ,by then passing this backward situation become the historical and essential necessity, but the passing didn’t achieve its real guidance --- modernity or novelty --- unless when this process took radical direct and trend this is which identified it by the philosophy thought in((modernity))concept. Thus the modernity is consisting in the process of breaking off or alienation with the rugged and backward past and this don’t be achieved except when it should be a companion with it the continuance process, thus it could be saying that the political modernity consisting of the process of erasure and wiping off the social—political existent constitution, ideas and relationship which the time passed on it in which the new development don’t or can not assimilation it.
Thus and in the reason of the preparation of the social and economic--political circumstance in the eighteenth and nineteenth century of West—European development in which bring in forth the bourgeoisie class whom entering the warming and hardly straggle against the feudal and conservative faction whom find in the theories and ideas that raised by the political modernity that gleam lamp and source for it disputed . In really the cooperation process between this class dispute and the political modernity don’t remain in this border or extremity, verily the ideational tendency of this class --- or the political liberalism --- had benefit from its important ideational elements of political modernity in its his new political system building process, that’s through what this modernity had bearded and carried with him of deep and serious contribution for more conception which created the main or essential element and its components to that system building process such as -- the democracy, popular sovereignty, individual liberty and the secularism …--- .
This search as an academic attempt had making with this subject as a chief axis, aimed through adopting the science basis to reaching the fact and reality for that essential contribution of the political modernity in the building and developing process to the liberal political system .

Chinese competition - the U.S. in Asia

Nadher M. Amin

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 384-406

ABSTRACT


The Asian Located in the heart of the debate continent about the future of the international system, with inside strong Distribution style. Many consensus have gone that "Asian century" will be the first excellence century, With the rise of a strong Asian Irrigation such as China, India and Japan .
China is located in the heart of this global concern, Several studies in international relations science suggested , the process that China will be the first player. The economic assumed the lead as the largest industrial center In the world, and the second-largest economic terms of production, but there is an opinion confirms China is not eligible to play such a role not just because facing Internal problems, such as corruption, unemployment, and economic disparity between inland areas And coastal areas, and separatism in some areas, but also because it Facing the challenges of regional and international organizations, such as the tension that marred relations with USA , problems with Taiwan, and Japanese competition of the Chinese position, and anxiety Growing relationship Between the United States and India .
Therefore, differences and conflicts of interest between these emerging Asian powers have cast doubt on the .