Volume 4, Issue 15 part 1, Autumn 2015, Page 1-523


Driving factors for juvenile delinquency field study on juvenile delinquents depositors juvenile police station in Kirkuk province

Fared.G.Hamood

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 1-19

Summary

The Study conducted to know the factors of juvenile delinquency. The study carried out over a period of six months ( from 1-7-1997 to 1-1-1998). The study depended on the method of entire or full sample,which present numbered of (40) respondents .Also the study pointed out an effective relation for some variables(p. = 0.5) ,such as income with the family size.

The future of the administrative court in the light of the Fifth Amendment to the law of the State Consultative Council No. (17) for the year 2013

Ahmed.K.Hamedy ALmofrjy; Senam.S.Mohamed

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 20-90

Abstract
The Fifth Amendment to the law of the State Consultative number Council (117) for the year (2013) was a valuable opportunity to regain the administrative judiciary recovered and become specialized, "without others to consider administrative disputes so that individuals can achieve their rights about the arbitrariness of management and tyranny flexibly and pleased, but aside" from This amendment only action "was not a formality," did not lead to anything, Changing Naming Council General discipline to spend the court staff did not touch the basic content of the Council with regard drawbacks plaguing the jurisdiction of the Council and its procedures, but only limited change on the label .
But the amendment on the oldest form a qualitative step (Supreme A dministrative Court) which can be appealed in front of her tightly Administrative Court and the Court of staff spend, and this treatment forms that existed "between the function of the administrative court and the constitutional judiciary alike .
However, the amendment kept the shortfall in the legislation by not enacted new legislation is concerned with the administrative elimination with respect to administrative proceedings procedures, and the thing that can be said that the amendment is a better step than the previous one because it opened new avenues to the development of the administrative court and see it is very necessary to "pay attention to the new Iraqi state and its impact in the form of construction of the administrative judiciary institutions to promote this development .

The jurisdiction of the Supreme Administrative Court to consider discrimination in the provisions of the Administrative Justice in Iraq Analytical and Critical Study the light of Law No. (17) for the year 2013

Amer.Z.Mhesan

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 91-187

Abstract
The research deals with the issue of jurisdiction of the Supreme Administrative Tribunal in the field of the contest to provisions of the Administrative judiciary in Iraq, where the Supreme Administrative Tribunal has been introduced under Law No. (17) for the year 2013, which represents the Fifth Amendment to the law of the State Consultative Council No. (65) for the year 1979 average.
The research includes the study of the adequacy of the rules governing the work of the Supreme Administrative Tribunal whether those related to the rules of formation of the tribunal or relating to the procedures followed by it in its work and the jurisdictions given to it for considering the final contest to provisions of the administrative judiciary.
The purpose of this research is to analyze the legal texts organizing the Supreme Administrative Tribunal and to analyze some of the judicial provisions of this tribunal for showing its ability to carry out the tasks and burdens entrusted to it, this research also aims to take advantage of notes that may develop the work of this tribunal to be a judicial effective body in ensuring the multiplicity of levels of litigation and man's right in the resort to a competent judge

Protect the Right of the Child to Education

Rakeeb.J.Mohammed; Sevan.B.Mesrob

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 188-253

Abstract

The protection of child's right in education is considered one of most important Matters in our days .This right is due is to a large and remarkable category in the society slices the constitutional legislation had organized the child's rights and classified them within the legal rules of the family in general and that of motherhood particularly .Therefore, the child should have a particular care which insure his rights and protect him the society as a whole.
All the constitution of the state as well as the domestic legislation and
international treaties ,and declaration affirmed on The protection of child's right in general and his rights in education in particular, one the most important international conventions which affirmed this matter is the convention of child's right of 1989, which provided how states could find the appropriate machinery to enact the legal and constitutional provisions that insure the child's right in education actually in order to put an end to mass let racy in some contemporary societies especially the Iraqi community and to find the right solution for this problem. In addition to that the necessity to make all the people society has equal priorities to have the right in education without any exceptions.

Interpretative jurisdiction of the Federal Supreme Court in Iraq and problematic (A comparative study)

Fawzi .H. Salman

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 254-300

Abstract

Addresses the research and one of the important issues that brought about a debate "significant legal and political levels in Iraq, but is the subject of jurisdiction interpretative Court Federal Supreme in Iraq between supporters of the exercise of this jurisdiction based on the text of M / 93 of the Constitution of the Republic of Iraq, and between shows for their exercise on the basis of Order No. (30) of the 2005 Act the formation of the Federal Court, which did not provide for this specialty., trying in this research shed light on this important issue through a comparative study in both Egypt and Kuwait to the similarity of the problems on this issue and try to come up with solutions to support the process of the constitutional judiciary in Iraq.

Ambiguity Executive Editor As one of the reasons for delay in the executive dossier

Ahmed.S.Mohammed.Aljbory

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 301-332

Abstract

If it is natural that the operational procedures contained in the file shall be the executive sequential sequence "timetable" or serial sequence "logically" to effect produced by its executive dossier aspire for a creditor to his right.
If so, those dossier shall not apply to that approach are permanent, as is likely to occur by certain things that stand in the way to continue the process without the executive, these things form the exhibitors in the executive dossier delay the implementation of the decision in the port of Justice in certain cases.
Perhaps the most prominent of these cases obscurity executive editor, it is the conditions that must be met in executive editor by supporting executive be clear and free from ambiguity, so if deposited rule to the implementation of the Directorate to implement it and found department mentioned vague, of Justice to delay its implementation, taking into account that this mystery of possible, also be inclusive of the whole rule.
Whatever the mystery as well as the availability of the above leads to delays in implementation which in turn lead to a halt in the executive Sir binders for reasons stipulated by law or upon the decision of the competent court or upon the authority of the port of Justice.

Civil liability for environmental damage and the insurance it from a legal perspective (Comparative analysis)

Ahmed.M.Kader

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 333-372

Abstract
Civil Accountability of Environmental Damages and their Insurance from the Legal Perspective The essence of this research is a finding for the basis of civil accountability of the environmental damages in the Iraqi laws. This paper clarifies that Law of the Protection of the Environment according to which other codes issued may lack to an explicit basis neither do they include a clear legal text on civil responsibilities. It has been discussed extent to which the general rules in replenishing the legislative gap has been sufficient. We have clarified the most significant legal basis in the Iraqi Civil Code and the ways by which the issue can be solved. The research in its second part covers the estimation of the compensation size for the environmental damages and their insurance.

Show the child A comparative study

Nawaf.H.Khaled; Nashwan.Z.Sleman

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 373-420

Abstract

Custody is a social institution based on the interest of the child in custody ,Therefore, Muslim jurists and the contemporary scholars agreed that seeing the child in custody is the right of one parent over the other who has the guardianship for it is one of the legitimate rights and as a way of the kin and keth Allah Almighty has ordained .However, they differ in the number of times for ever has the right to see him as well as the place of seeing him. But they are all agreed on that the place of seeing does not cause any harm to him physically and psychologically after these laws have allowed the parents of the child in custody to agree upon the time and place of seeing otherwise the judge shall discritionary regulated it when disagreement arises. Despite the Iraqi judicature and the comparative laws have tackled such a matter ,yet the problem is still there between the custodian and the one who has the right to see the child in custody , because the laws set by the legislators
for settling these problem have not mountaineer up to the level of serious solutions achieved the interest of the child in custody .

Procedures for judicial experience and role in the proof Preparation

Abd alrzaq.A.Alsheban

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 421-448

Abstract
Search procedures judicial experience and role in the proof highlights judicial experience procedures, to its importance
in the chapter in litigation, Vimta expert report probative force, due discretion of the court, where most of the cases decided by conducting experience where, you may judge relied in his judgment on the report of the experience, so the legislature has stipulated in the expert scientific and technical and ethical conditions even gaining this status, and granted limited authority when carrying out the technical expertise to put the report helps the judiciary in adjudicating disputes that need some facts to explain the scientific or technical.

Iraq's foreign policy between strategy and human capital and knowledge

Kder.A.Atwan; Kahtan.A.Ahmed

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 449-481

Summary

Iraq's foreign policy: relations between strategy and human capital and knowledge


Foreign policy is aimed at protecting the interests of the state, and the order of the external environment, in order to serve the national goals, and come up for discussion several issues related to foreign policy, including:
Who makes foreign policy, and how?
And how is the order of the external environment?
What are the means that are used, in achieving the goals of foreign policy? ...
In this research, the focus was on the relationship between:
Human resources, working in the foreign policy field
-Foreign policy work methods
- Strategy, how to plan for the implementation of foreign policy.
In this research, the focus was on Iraq, as an example of a country needs to mature foreign policy, and attention to the involvement of academics, in foreign policy-making process.
Find and treatment of points, that: the ability of official bodies, the Ministry of Foreign Affairs, on the effective foreign policy, industry, and the implementation of a successful foreign policy, without the use of academic institutions.
Find discussed, secured, through four points:
1--challenges facing Iraq
2--effectiveness of Iraq's foreign policy
3--how can be activated: the performance of Iraqi foreign policy
4--post academics in making Iraqi politics

THE EFFECT OF NATIONAL INTEGRATION PROBLEMATIC ON POLITICAL REFORM IN IRAQ ANALYTIC STUDY

Abd alrhman.K.Droesh

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 1, Pages 482-523

Abstract

The Problems of political reform lie mainly in the intellectual frameworks that define its conceptual and theoretical ranges conformity with its practical applications. So it bears many challenges while trying to apply or develop a vision of viable frameworks conceptual, especially if that country suffers from the problem of integration and national. Here the problematic seem doubled by all standards and constitute an equation which double the crises in all aspects of life. Iraq, as a country, is suffering from the problem of national integration and we believe it is one of the basic obstacles that thwart any reform process in the political system. The study, therefore, assumes that any reform process in Iraq is integrated and is able to ensure the success of its career because of the problem of national integration.
The study is organized in the first two sections dealing with the problem of national integration in Iraq and its impact on the nature of the political system, and the second section examines the problem of political reform in Iraq in light of the survival of the problem of national integration. The study summarizes the political reform that cannot be ignored or avoided, and any country that includes the problematic national integration, will not achieve any positive results adopted by the political reform process.