24 part 1


Ijtihad Tnzili (concept - elements - origins)

Farhan.A.Ali

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 1, Pages 1-50

The concept of ijtihad was previously limited to ijtihad in devising judgment. The first person who spoke about it in the application of the ruling is Imam al-Shati, and the diligence of exerting effort in seeking judgment. There is no doubt that the fundamentalists and their writings are absent from the attention of the fundamentalists and their writings. There are only sporadic references to some of the fundamentalist works.

Coexistence in federal systems - Canada model -

Bishart.Zangana

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 1, Pages 51-99

the federalist idea became an special character of this era, it aims to build multi aspect of government system which contain common governing component assimilate different identity and keeping it within political union. nevertheless the federal constitution bases and principles, there are many necessary arrangements to offer co-existence of different groups. so the research is not only on legal problem concerning co-existence tools theoretically, but it try to encompasses the practical mechanism of constitutional bases and principles which guarantees a suitable common environment to co-existence for variety groups in multicultural and variety societies. in order that we depend on analytical instrument to encompasses Canadian federal system especially and federal systems generally.

Legal protection of the environment from pollution in domestic legislation

Muhammad.S.Alasaly

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 1, Pages 100-145

Jurists worked hard on addressing the everyday life issues including the World calls for the necessity of preserving the environment, being a serious problem because of the mounting environmental pollution, which has to be solved within the framework of domestic legislation, in order to help tackle this problem starting from the internal rationing; hence the study of the legal protection of the environment in the various branches of domestic law, to provide solutions, including reducing the problem of environmental pollution, limiting it on the one hand, and how to keep the environment healthy and clean, on the other.

The relationship between the legislature and the executive branch In the presidential system

Esmail.F.Adam

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 1, Pages 146-173

ABSTRACT :
The democratic system of governance is characterized by its principle of separation of powers, but the application of this principle differs in some way to each of the types of democratic systems known in the parliamentary system, we find that the application of the principle of separation of powers based on flexible separation of employment and the existence of mutual cooperation and control Between the legislative and executive branches. In the democratic systems that take the presidential system as a form of government, we find that there is an absolute and rigid separation between the legislative and executive .

The balance between the benefits and damages in the Iraqi Expropriation Law No. 12 of 1981

Naktal.A.Abdulrahman

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 1, Pages 174-215

Achieving balance between public and private interests is considered as one of the most important aims of the administrative judiciary system when dealing with the contestations submitted by individuals against the administrative divisions that affect their interests. One of the subjects of close relation to this is the expropriation of the public interest. The reason behind this is that the Iraqi administrative judiciary system did not consider the balance between the benefits and the damages when dealing with the ownership decisions of private property. The administrative judiciary system depends here on the legal pretext that achieving the public interest in the decisions made by the administration is something hypothetical, and that the property owners have no right to appeal against the administration judgment even if they prove that there is a damage against them, or that this damage is bigger than the public interest achieved . However, this is totally different from what is adopted in France and Egypt where the judiciary system has the right to reject the ownership request if the damage is bigger than the benefit . By this we wanted to shed light on the mechanism followed in this issue and reveal the different views used in dealing with the defect found in the Iraqi ownership law No. 12/1981. It is an attempt to discover the best way follow in dealing with the problems of ownership, especially after issuing the fifth amendment of the State Consultive Council Law No. 17/2013.

The Legal System of the Interim Companies Union (Consortium)

Ahsan.SH.Abdullah

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 1, Pages 216-266

The legal Regulation of The temporary Union of companies (Consortium).
As a result of global and economic shifts and developments new mechanisms have emerge for the implementation of mega-projects. Among these mechanisms is the temporary Union of companies (Consortium) that has spread among the world's leading companies very quickly as a strategy aimed at growth and expansion and replacement of the competitive relationship by cooperation and thus achieving the principle of complementarity between the allied companies.
This alliance is achieved by the participation of two or more companies to meet a great demand exceeds the ability of each party in order to form a mutually complementary relationship serves to maximize the benefit from the shared resources in a competitive dynamic climate accommodating variables in various industrial, commercial, financial, cultural and other fields.
This alliance is not just a legal contract signed by his parties but the concept of partnership goes beyond to be a strategic decision and a fateful classified as expansion, growth and attack strategies. It also features a mysterious relationship between the companies because of this relationship in which cooperation is mixed with competition, which lends to the conduct of the management of this relationship the complex nature.
In the midst of all that and the scarcity of books in the field of the consortium, we have been able, thank God to fulfill this research, which we dealt with the essence of this system and distinguish it from the others and the declaration of its types, characteristics and goals in the first section and the regulation of diverse relations and ways of its terminating in the second section and then an epilog that included deductions and recommendations.

Detention Regulations (Comparative Study) (Quoted)

Yasir.M.Abdullah; Nadia.M.Alhamdany

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 1, Pages 267-312

The personal freedom of the inherent rights of human beings, they are the most precious thing in existence and can not be restricted except in the legislation that would allow this, as well as this can not justify restricting only to the requirements of the interest of the investigation procedures, and including a detention, which is an exceptional measure restricts the freedom of people in situations provided for by law, and in light of legal controls whether regarding who issued based on the availability of sufficient evidence to commit the crime, and attributed to the accused, as well as the importance of questioning the accused before deciding to arrest him, and to cause such decision taking into account the form required by law in the decision to arrest and the period specified by law, and as these legal controls were not observed in the decision arrest this procedure is arbitrary.

The Right idea, Freedom and its Subdivisions

Sevan.B.Mesrob

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 24 part 1, Pages 313-366

The Right idea, Freedom and its subdivisions
The idea of right and freedom of the vital topics and renewable at one time if you become one of the most important issues at the international, regional and national levels and the growing attention recently by the international community as a whole. The controversy raged over whether human rights and freedoms are valid issue of a global nature, or that all societies have the status of privacy and relative standards differed distinguish between the two concepts and varied from one society to another.
In spite of the difficulty of giving sententious definition of the concepts of right and freedom, but both concepts have become inseparable can’t separate one from the other, and has become such concepts integral part of the social and political culture and part of a political system based on the Constitution and legal state.
Based on this research study it included the stand around the concepts of right and freedom of linguistic and terminological point and the position of the scholars and philosophers of law from both concepts, and to clarify the most important criteria that distinguish between the two divisions that drawer by scholars of constitutional law to the rights and freedoms as well as the position of Muslim Scholars from these divisions.