18 part 2


Role of Parliamentary Opposition in State Building (Analysis and Evaluation)

Majed.N.Aljbory

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 2, Pages 1-27

Abstract

We are trying in our present stand and focus upon the positive role of the parliamentary opposition in state-building and laying the foundations of government properly, with the caveat that this role is supposed to be played by the parliamentary opposition does not play Excavation paralyze the government for doing business in charge of doing it.

The Accountability of Public Employee About The Personal Actions

Abd alla.F.Alhussainy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 2, Pages 28-59

Abstract

This research aims to demonstrate the ability of the accountability of public employee about the personal actions according to the status of civil liability set forth in the Iraqi and Jordanian laws particularly that related with liability about personal actions that damage others .

We have found through this research that the public employee may personally asked about his mistakes by others separated from administration , also the administrative body can be asked too if the damage action happens as reason of job or during it or occurring due to employment, also the employee can be asked about his action by administrative body .

We have found through the study that It is necessary to change the vision to the nature of liability about the actions of public employee and conditions and the basic that they must depend on It, also depending on the principle of separating between the administration mistake and personal mistake at distributing the final charges for reparation .

Criminal investigations secret and criminal effects

Nabel.M.Alobiaidi; Abrahim.KH.Awsaj

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 2, Pages 60-94

ABSTRACT:
Criminal investigation and a means investigation and auditing search in an incident and make sure of its existence or seek to uncover the mystery of a certain reality, a process which is not easy as some might imagine, there are ways and means guaranteed by law to conduct the investigation, and the purpose of the investigation should be the interest of society to secure and maintain its stability and protect him from the crime warrant to do this procedure. The confidentiality of the preliminary investigation of the important characteristics that enjoyed by the primary investigation of the contemporary criminal legislation, because of the secrecy of the offer several advantages most modern on the text of legislation has made a point explicitly. It achieves a great benefit to protect the public interest, in the interest of the investigation and access to the truth sought by the Justice Criminal. Secret achieve provoked punitive and procedural

The Implications of Parliamentary Interrogation in the 2005 Iraqi Constitution (A comparative study)

Mohamad.H.Almohamady

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 2, Pages 95-146

Abstract
Consequent interrogation inter-Parliamentary What matters raised from these effects, effects of a constitutional nature, and the most important of which political responsibility that may arise from the face of him parliamentary questioning in the case of having committed an act of will raise this responsibility, and thus to resign whether those resign collectively or individually in the case of achievement of individual responsibility, it is better ensue Prime Minister the second is related to one of the members of the government and the like, with the possibility of its transformation into a collective government in the case of solidarity with him, and thus would force the government or one of its members, and injudgment to resign or dissolve parliament sometimes, after followers of the series of constitutional procedures stipulated by the constitution .

The criminal responsibility of economic entrepreneurs because of the faults of subordinates

Mohamad.J.Zydan

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 2, Pages 147-186

Summary
The original is that do not ask a man, but for his mistake Profile This rule is enshrined in the bulk of the criminal legislation of modern After struggling thought the criminal lived until he arrived, but in the field of economic crimes is different, as necessary, and of ensuring the implementation of economic laws, and serious economic crimes, and the widening scope of criminalization where, to extend the scope of criminal responsibility to people who did not commit the crime physically, but committed by another person with which Balaol relationship assumes that the person who did not commit a crime, a top official from the one that committed the crime, and this is what clearly appears to the managers of economic enterprises in the event of mistakes by their followers, These Almseron are charged under the law the duty of oversight and supervision of subordinates to prevent violations by their followers, if the infringement occurred, it means that there is a breach of the duty of oversight and supervision by the managers, so we see that there are many of the penal provisions economic acknowledged the responsibility of the owners of economic projects of the mistakes affiliates But in the scope of the legislation, the Iraqi legislature did not care about this kind of responsibility, but in a narrow range. We have raised this responsibility debate doctrinal and judicial significant because in the face of responsibility are incompatible with the principle of personal responsibility and punishment so were several of these views to determine the legal basis which justified in the development of the legal regime that governs it, divided the opinions and ideas into two first includes theories that depend on the nature of economic activity The second group includes theories of personal depends on the moral side of the trajectory, and we felt that the prevailing view is that to join the second group and who lives criminal liability on the basis of personal fault and of breach of walking the duty of oversight and supervision, and that crime's is just a presumption on the availability of this error, and the Order of criminal responsibility for the trajectory does not mean not to punish the perpetrator of physical crime, if possible margin of error to him, but to pass this kind of responsibility, it should require a provision that otherwise could not assign criminal responsibility of the trajectory, if only to do a mere negligence in the contro and supervision.

The withdrawal of the hand and its effects in Iraqi law (( A comparative study ))

Kanan.M.Almfarjy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 2, Pages 187-225

Summary
Public employee starts in the service of the state after his appointment to public office, and presumably he performs his job to the fullest and without any failure during the extended stay in the service, as has the administration, which is a concept as old as the human race, as are the backbone of life since time immemorial right of the Department of Public these employees and punish the abuser of them according to a legal window for texts because of committing any justification for the authorities to impose the penalty is no doubt that the disciplinary system is a cornerstone of the functional relationship in any functional organization do not imagine the existence of a functional relationship without the system disciplinary a large space in the legal texts nor due to the administration's desire to discipline the employees, but due to the desire to achieve the objectives for which it was decided to create this functional entity as well as to ensure the functioning of public utility steadily and systematically, and that the administration may withdraw the hands of the employee and prevent it from exercising its functions and pull the hand was not prepared legislator disciplinary punishment except it carries great moral and material impact on the employee's life may extend to dependents calls to re-examine the financial and especially so because the substance of the significant impact on the conduct of the employee and members of his family life systematically and continuously, as we must admit we are on the threshold of a new phase Omar offers rich political, social and economic events and the state of affairs that article became one of the great goals the Iraqi state, so the success of the functional relationship and achieve their goals is the subject consciously employee and a man administration Secretariat entrusted to them and how Ataazam from past experience to manage the state that must be They remain hardwired to mind in order not to slam Bmphajiat were not considered.
Through the above and in order to take aspects of the subject as one of the most accurate and the most serious topics affair improves us that the show is intended to pull the hand, characteristics and conditions and then to a statement Narj big implications it.

Transitional Justice ((Legal study))

Ayad.Y.Alsakaly; Amer.H.Aljubory

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 2, Pages 226-306

ABSTRACT

Transitional justice become a term more heavily traded in recent decades, even though it is still ambiguous to many people due to the novelty of this term and the lack of its applications and experiments in the countries of the world, and the naming of transitional justice is due to political transformations which the legal experts and human rights defenders have wanted to highlight the human rights violations that committedby the ruling regimes without affecting the positives of change and political transformation. It is clear to us that the term transitional justice has two folds justice and transition.
The UN organization played an important role in determining the transitional justice landmarks through an approach based on respect for the rule of law during periods of post-conflict.Transitional justice has been defined as:((full range of processes and mechanisms associated with the attempts being made by the community to understand the legacy of past abuses of large-scale in order to ensure accountability and to achieve justiceand reconciliation, and it may include these judicial and non-judicial measures both with varying levels of international involvement (or it may not absolutely existed) and the trials of individuals, compensation, and fact-finding, constitutional reform, and checking personal record for the detection of irregularities, separation or pair them together)).
Transitional justice measures are not limited to judicial procedures of all criminal prosecutions, but augmented by other non-judicial measures, and that of the most prominent elements of transitional justice.The most important elements of transitional justicein addition to legal prosecutions are commissions of uncovering the truth, compensation and reparations, and institutional reform as well as national reconciliation and the preservation of memory.
Despite the novelty of the term transitional justice, but we note that its roots and implications of returning to historical far eras, these rings were not connected and complementary to each other as they are now and as they should be already, and we find that the concept of transitional justice is aproportionalone varies according to time and place and what can be applied in one country may be difficult to apply in another country due to the different political, economic and cultural conditions among countries. As well as according to time factor, what can be applied in a given time may be difficult to apply in another time and that the different level of thinking, the different generations andeven though that the level of rights and violationsand how to deal with them are affected by different generations and their succession.
In addition to that, transitional justice had sources which represent the deep layers from which drives its establishment and its true origins, those sources vary between man-made laws such as the United Nations Charter and the Universal Declaration of Human Rights and the conventions on human rights and regulations in the basic international criminal tribunals and the general principles of the law in addition to the opinions of scholars and religious sources.Finally, transitional justice is based on to the rules of international humanitarian law, the rules of international human rights law and the rules of international criminal law as its basic important foundations.

The right to confidentiality of correspondence and constitutional guarantees

Ramzy.Alshair; Jaber.A.Farhan

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 2, Pages 307-353

Abstract
The subject of the right to confidentiality of correspondence in some constitutional systems of important topics worthy of research, being a relation to freedom of personal rights, which constitutes one of the most important freedoms is considered.
Began to dominate the idea of personal rights, linking the judiciary in France between the confidentiality of correspondence principle and the theory of personal rights, and became regarded as a basis for people to be their protection, the idea expressed by the writer of discourse and all freedom is considered separate from the person of the author, but may not be broadcast if their nature require confidential or The secret itself. There was international attention to ensure the right to confidentiality of correspondence as well as national guarantees for this right.

The necessity of establishing the constitution for the Kurdistan Region and the consequences of the prosperity of its adoption ( An analytical study )

Hewa; Hussin; Sleman.K.Mahmuod

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 18 part 2, Pages 354-449

Summary

Kurdistan Region, as a legal and political entity has so long been, and is still suffering from a critical problem which is alien to democratic systems around the world. It still lacks the top law on the hierarchical legal system, i.e. the constitution. The intricacy of various relations and the dramatic developments that Kurdistan Region witnessed from the early 1990s up to now entailed the existence of a rigid and institutionalized legal regime that provides the possibility of good governance. The defect ensued by the lack of constitution is not confined to the constitution itself, it affects on the whole legal system of Semi-independent Kurdistan Region, leaving deep effect in all the Legal, political, social, economic levels. To build up a successful political and institutional experiment on the basis of democracy, good governance, and sustainable progress we need to establish the holding pillars that rest on a logical and modern premise that could grow up constantly. The gap left by having no constitution in force is so huge that so many guarantees of human rights, fundamental rights and freedoms would be missing or at least would be prone to be dangerously violated by the political power, including the government itself which tends almost always too arbitrarily and arrogantly rule and abuse the power.
So, the current study came as to shed the light on these gaps and manifest the necessity of constitution in particular for Kurdistan Region and its constitutional and legal future.