Journal of college of Law for Legal and Political Sciences

من المعلوم أن مبدأ المساواة وعدم التمییز یعد القاعدة الأساس، لحمایة حقوق الإنسان وحریاته الأساسیة، على الصعیدین الداخلی والدولی، وان الحفاظ على هذا المبدأ، یتطلب البحث عن الوسائل التی تکون قادرة على ضمان تحققه، لیلتمسه المواطن على أرض الواقع، لا ان یبقى حبراً على ورق، وبرأینا، ان الرأی العام، متى کان فعالاً وناضجاً، ومتى تم ممارسته من قبل النخبة، یصبح قادراً على ضبط عملیة التمییز ومنعها، عبر استخدام طرق استثنائیة، کالتمییز الایجابی, وتجدر الإشارة إلى ان المساواة، لا یمکن الا ان تکون نسبیة، اذ لا یمکن ان تتحقق بالنسبة للمراکز المتماثلة، کما انها تختلف بشأن المراکز المختلفة، وهذا یعنی بالتالی ان قاعدة المساواة فی معاملة المنتفعین من حق، لا تمنع من التفرقة بین فئات الاشخاص المتواجدین فی مراکز مختلفة، وهذا ما  قمنا بتوضیحه فی إطار البحث.

This research highlights the crime of repeated voting, which poses a criminal riskiness to the voting process and leads to manipulation of its results and misrepresented from the right track and lack of credibility and biased its interest in support of one party at the promote of another party or in advantage of a candidate at the advantage of another candidate and thus the arrival of deputies to the parliaments without being representative of the correct will of the voters, which leads to the lack of parliamentary legitimacy constitutional and legal and unable to express the orientations of members of society and the exercise of the tasks entrusted to him and the lack of a sense of the importance of the voter and thus away from work To serve the electorate and express their opinions, attitudes and aspirations and lack of a sense of the importance of his work as a representative of the community. Therefore, we dealt with this topic through two sections, first section is the nature of the crime, the second section to the pillars and the penalty determined for this crime.

Demonstrations and other methods of expressing opinion, and influencing the other are means of reaching the most, and Islam has guaranteed freedom of opinion and expression in its Islamic sense, and with Islamic concern for freedom of opinion and expression, it has taken care not to liberate it from restrictions and controls that ensure its good use and direct it to what is beneficial to people and satisfies The Creator is Almighty and Exalted, and this is why the guaranteed right has ways and means to which he can reach, including what the lawmaker has stated in his eye with permissibility or forbidden, and some of them are silent about it and he did not stipulate its consideration or non-consideration, and among these means demonstrations

The Strike has turned into a negotiable social phenomenon, the clients of public utilities take it seriously in their consideration, and they should have a reaction toward these disorders that often come suddenly and causes financial loses and huge damages, there should be a peaceful resolutions to any disputes in order to guarantee the continuous of service by public utilities in the time of strike. The economic and the social balance regarded as the basis of the right to strike, where this balance is the basis of the determination of this right and the purpose for which it was decided, as well as that this balance is desired by the legislator in the field of labor relations, and there is a need to make balance among these considerations, if: (strike is a right against the right ), Ensuring the balance between the right and the public interest envisaged by the continuity of the public institution requires the proportionality between the violation of the right to strike and the protection of considerations of public interest.

Violence is a humanly unacceptable behavior, and countries and international organizations often fall into denunciation and condemnation, starting with the gradual initiation of punitive measures, politically and economically, to coercive (military) measures within the framework of international humanitarian intervention to protect the targeted parties from violence. However, the undesirable becomes desirable or ignored when it is a means of changing or stabilizing desirable geopolitical or demographic situations. This is evident in the overwhelming violence experienced against Rohingya Muslims. Silence or mere expressions of sorrow and anxiety were characteristics of international attitudes. But the escalation of violence has forced the international community to act, albeit at minimal levels. This paper seeks to clarify the reality of the state's attitudes, particularly the global and regional ones, towards this human tragedy, and to elucidate the reasons behind the weakness and shortcomings of most countries, especially the Arab and Islamic, in support of the brothers of religion and belief

Constitutional interpretation is important to explain the constitution text that are confused or obscurity .For the importance of the role that constitution interpretation in solving the problem of conflicting among constitution texts where the commentator apply the general rules to solve the conflict and contradiction .It may also explain the obscurity from the texts and decide precisely the legislator will and consequently put constitution text in its right place in implementation and application .This task are performed in most democratic regimes the constitutional Judiciary .thus this research discusses the judiciary in Iraq represented by Higher Federal Court of Iraq to learn the legal system of constitutional interpretation in Iraq .

The right of vote for parliament members is the means by which they can express and express their will and opinions in the matters that are presented to them and fall within their competence to make decisions in the interest of the people as their representatives. Hence the importance of the right to vote for members of parliament as the final result of the members' To enact laws and control the work of the executive authority, so should exercise this right away from any breach or prejudice to achieve the purpose for which it was found, which is to achieve the interests of the people as seen by the member of Parliament freely and independently, Study to examine the concept of this right in terms of its definition or its characteristics, nature and the basis on which in addition to the identification of cases of prejudice to its prescribed guarantees and then his conclusion represents the most important findings of the study.

The Statute of the International Criminal Court (ICC) entered into force in 2002 after more than sixty countries ratified it. Since then, the Court has exercised its authority and authority to try those accused of committing international crimes, which are enumerated in article 5 of the Statute. Crimes of genocide, crimes against humanity, war crimes and the crime of aggression. It is important to note that the jurisdiction of the Court extends to trials of individuals without States, as States resort to the International Court of Justice if a dispute arises between them.Since the ICC is a special court for individuals without states, the statute of the court must include a set of guarantees enjoyed by those who are subject to the law of the court and stand before its judges to answer their most egregious crimes.There is no doubt that the guarantees provided by the Statute of the International Criminal Court were not limited to stage of the trial. These guarantees were comprehensive in all aspects of the trial, from the stage of the investigation to the trial and the ways to challenge the sentences and finally to implement them. and to address these guarantees and their statement came this research.

The importance of international peace and security for all mankind cannot be denied especially after the scourge of the two world wars in the twentieth century، during which the international peace and security collapsed. The fundamental principles underling the international system ، and after the end of the Cold War in the late twentieth century ، internal conflicts increased dramatically ، caused serious violations of human rights ، and posed a threat to international peace and security ، which means that dealing with this threat falls within the jurisdiction. The Security Council which is entrusted with the task of maintaining international peace and security. Thus ، the protection of human rights is a major objective and fundamental principle of the United Nations for its direct relationship with international peace and security. and this relationship was the reason for the internationalization of internal conflicts in order to resolve and resolve and maintain international peace and security.

Of course, the Iraqi legislator has provided some legal texts that indicate the verdict of the court's judgment, but did not simplify it in a sequential manner. Speech of the judicial ruling and distinguish it from other legal systems mixing it, as well as the statement of what are the legal procedures for the process of pronouncement of the judicial verdict, as well as what the legal implications of it. This is what made us embody this in an integrated theory and address this theory with a simplified study.

The problem of judicial control over the decision resulting from the silence of the administration is the subject of this research. In this study, it became clear to us that the silence of the administrative authority may result in an administrative decision, whether the effect is the result of the administration's abstention or refusal to take a decision. However, this decision is due to the legislator's will, not the will of the administration, and to guarantee the rights and freedoms of individuals from the authority or arbitrariness of the administration, giving the judiciary the power to exercise control over this decision

The content of this research relates to the basic criteria that should be taken into consideration during the selection of an electoral system for a country. These standards are based on international treaties, agreements and UN decisions. These standards are international standards that should be taken into consideration by the states during their selection of the electoral system. The selection process of the electoral system and the various ways of selection of the electoral system are affected according to the circumstances experienced by the country concerned. At the same time a number of suggestions are provided to the Iraqi legislators to consider in order to reform the current electoral system.