Journal of Juridical and Political Science

The issue of cultural diversity is one of the problems that have a profound impact on the unity, stability and security of states. It has a special effect especially after taking an influential direction in the formation of contradictory identities within society and their impact on civil peace. Our research studies the problem of diversity in Iraqi society for many reasons. The most important of which perhaps lies on how the problem of cultural diversity can be transformed into a culture of diversity. The topic has been addressed through the intellectual heritage of cultural diversity. The perspectives of knowledge of all kinds have dealt with diversity as a problem or crisis plaguing societies regardless of the level of progress they are witnessing. This is reflected on the intellectual output studying it on the one hand, and on its expansion and multiplicity of fields, from the other hand. We tried to shed light on the knowledge of the Iraqi society, which is witnessing the duality of traditionalism and modernity together. Methods have been put in place that would nourish the Iraqi national culture and benefit from the diversity in its creation in a balanced way away from the nutritious culture and the recipient culture. Each cultural component contributes to creating the unity of orientation for a united, secure and stable Iraq.

The right to cultural diversity is one of the rights that constitutions have begun to ensure including them in their constitutional texts or in their contents due to the importance of this right. It actually confirms the people's desire for coexistence and respect for others who differ in religion, language, or race ... etc. This right, like all other rights, needs protection from being abused by the state’s authority by wasting this right, violating it, or emptying it from its content which the constitution affirms. The best protection for this principle is constitutional protection. It has become a formulation that is understandable to all individuals, through which every person can learn about his rights and freedoms. If we look at the 2005 constitution of Iraq, we find that it has followed the path of modern democratic constitutions. It affirmed through its texts the concept of the right to cultural diversity through the constitutional texts affirming this right and the text in Article (126) on complex procedures in amending the constitution. An objective ban was imposed on constitutional texts related to rights and freedoms that are not permissible to amend until after a period of time as a kind of constitutional protection. As for the state authorities, we find that the 2005 constitution has distributed the powers between the three authorities and granted the legislative authority the power to legislate laws related to the right to cultural diversity. Indeed, the legislative authority has issued laws related to this right. As for the executive authority, it is through the state ministries and departments of the General Secretariat of the Council of Ministers which has carried out its work in providing protection for the right of diversity through its procedures. As for the judicial authority represented by the Federal Supreme Court, and through its monitoring of the constitutionality of legislation, will cancel every law that violates the right to cultural diversity. The constitution also created the Independent High Commission for Human Rights as an independent body that monitors violations of rights and freedoms, including the right to cultural diversity.

The importance of the research lies in the growing international interest in international and regional organizations, states and societies in the issue of cultural diversity. Many countries of the world have begun to reconsider the status of their components, and amend their constitutions to make them able to frame cultural and social diversity, and grant these identities more rights, special status and powers. Consequently, there is an urgent need, due to external and internal variables, to accept those cultural identities and not to deny them, and to work on framing that acceptance constitutionally, legally and politically. As well as developing the legal, political, social, economic and cultural guarantees guaranteeing the full enjoyment by these groups of their rights. The problem that the research deals with is the emergence of two main approaches that dealt with the issue of cultural pluralism. The first of which is ‘approach to multiculturalism’, and it has researchers and thinkers who adopt it. The second is the ‘liberal approach to equality’, which was a critical response to the first approach. The research examined the views, arguments and opinions of these approaches. It investigated the variables affecting the rise of the multicultural approach, multiculturalism and the issue of classifying minorities, the standards adopted in the multicultural approaches, and the critical approach directed to the multicultural approach.

The study of the map of conflict and domination in Syria is one of the studies that requires an understanding of what is going on in Syria in terms of crises before and after the events of March 11, 2011. The set of political، economic and social crises، and the emergence of local, regional and international forces, later formed a map of control in the Syrian arena. These crises were classified as main problems for the study as they were able to deepen the disagreement and sustain the conflict. Then, in order for the study to reach its objectives and draw an objective map of control for the parties to the conflict, it was necessary for the researcher to study and review the size of the local, regional and international forces that formed the map of control in the Syrian arena, with a focus on the period from 2014-2019 as being one of the most dramatic periods in the map of control on the Syrian arena. Therefore this study was able to gain its importance by being the first to address the map of control over the Syrian arena.

Forced detention during international and non-international armed conflicts has become a phenomenon that threatens civilians' enjoyment of the rights established by international covenants and conventions. The right to freedom is one of the most prominent rights guaranteed by these laws. For this reason, forced detention is a violation of the human right to freedom. Hence, international law has embarked on organizing the human enjoyment of his freedom within the framework of human rights law and international humanitarian law and preventing this right being violate. This could be done by creating legal texts that regulate this right, and the need to activate international and internal texts in a manner that guarantees international protection for civilians from forced detention.

Terrorism is the most harmful phenomenon at the present time through acts of violence resulting from it against lives, bodies, freedoms and property, which undermine or threaten international peace and security. States are obligated to fulfill their duty to maintain security and stability and protect the lives and property of their citizens. In order to fulfill their aforementioned duty, States should have the necessary powers to combat Terrorism, provided that this does not lead to a complete undermining of human rights. Rather, minimum levels must be ensured in a way that does not affect the aforementioned authorities, as these authorities are regulated by internal laws so that their actions are within the principle of legality. In Iraq, for example, there are Anti-Terrorism Law No. (13) ) Of 2005 and the amended Counter-Terrorism Service Law No. (31) of 2016 which were; however, not in the same format as the laws of other countries, especially with regard to the powers of the security services in monitoring the actions of suspects in terrorist acts and imposing restrictions on their movements as is in the laws of the United States, Britain, France and Germany. It is also worth noting that ensuring a fair trial is the most important guarantee for the protection of human rights while government agencies fulfill their duty to combat terrorism. The innocent must be protected and perpetrators of terrorist crimes must be prosecuted without prejudice to the defendant’s rights who should not be subjected to torture and not to delay his trial without unjustified delay stressing on the impartiality of the courts.

Lost gain is considered one of the elements of compensation in civil liability. In order to be able to insure it, it is necessary to prove that this element has the property of probability, and then the will has no role in its occurence. Thus the application of an involuntary condition of insurance risk occurs then the possibility of insuring it. It must be noted that the involuntary condition on the lost earning insurance risk has an effect on the possibility of insuring it. This is done by showing that the risk of the lost gain is an involuntary risk within the scope of civil liability in its contractual and default forms. The insured person is either the creditor or the debtor in contractual liability, or the victim or the doer of the harmful act in negligence responsibility. Therefore the condition of involuntary risk as a feature of insurance in general and insurance for lost earnings in particular revolves around the principle of the two liabilities. Then we show that the occurrence of the risk of lost gain is involuntary.

Germany witnessed two world wars in the twentieth century. It fought against the major powers in Europe and the world which led to its collapse in both wars. As well as the consequent conditions for each of these two wars, and the negative consequences represented in the control of the winning countries in World War II on Berlin and its division between the two poles: The American and the Soviet according to their mutual interests and with the aim of weakening and controlling them. Despite all that, Germany was able to rise and resist the plans of the countries controlling its lands, including the United States of America’s role in that. It was able to rise again, and it resisted the conflicting currents in the world. After the fall of Berlin’s Wall in 1989, it was able to unify its eastern and western parts in 1990, which thus contributed to its emergence as a power on the European continent. It worked to strengthen Europe and enabled it in a unified and coherent way under the name of the European Union. After tireless and comprehensive efforts with its counterparts from other European countries, Germany worked to consolidate the Union and made it play an effective role in the global political arena in a good way, especially in front of the United States of America, which supported the division of Germany in order to weaken it specially after the Red Army occupying almost half of its territory. Thus stood against it in all surrender treaties before the Allied countries, and caused its parts to be dispersed and distributed to countries, but Germany reconstructed itself and reuniting it not long ago.

The intended or deliberate silence or silentness during the disciplinary investigation is part of the principle. It is the freedom of defense in addition to other manifestations and parts that complement this freedom such as legal guarantees included in the administrative dispute between the administrative authority and the employee accused of the administrative violation and the consequent criminalization or conviction and innocence. This behavior is A recognized right in various jurisprudential, legislative, and even legal trends and positions. However, this recognition is almost absolute and unconditional, and that has many flaws affecting rights and interests. The recognition of temporary silence or silentness has its supporters and opponents in its jurisprudence and law. It relates to many aspects by expressing positions in acceptance and rejection. And ambiguity according to the circumstances and facts surrounding it at the moment of the act itself. It has goals and objectives, including the positive and the negative, and it is a right that has advantages that make it unique in its knowledge from other terms that revolve around the field of public administration activity. The use of this right is dominated by acceptance, approval and support in its jurisprudence and by law. Implicitly and what was brought about by the general rules and principles despite the contradictions and divergences in the situations and positions on that positive trend to confirm it theoretically and practically. Nevertheless, this may lead to negative consequences and legal effects that may not be consistent with considerations of the public interest and the right of society. In addition, it may conflict with the interests of the person concerned by the temporary silence itself. However, it is permissible and legitimate with the existence of its rejection in practice during the administrative investigation stage. This is because of the consequent entry into the nullity of the disciplinary decision due to failure to observe this right as a defense guarantee for the personal rights and interests of the employee who is originally supposed to be innocent by virtue of the general rules and principles of law and his support for the right to litigate the rule of law and the application of legitimacy in the administration work.

Taxes are considered one of the important sources of public revenue for most countries of the world. However, the tax systems face a big problem represented by the phenomenon of tax evasion that most countries are trying to combat at the present time. Due to the technological development that the world is witnessing, a new concept has emerged in the way of concluding contracts, which is ‘e-commerce’. The two parties contract via the Internet without seeing each other and this is what differs from what is followed in traditional trade. Because of the insufficiency of the legislative systems that regulate e-commerce, the problem of tax evasion still exists in this trade. Therefore this research tries to shed light on the problem of tax evasion especially in the context of e-commerce, with reference to the experience in the Republic of Iraq.

There is a set of constitutional guarantees aimed at guaranteeing and respecting public rights and freedoms in general, and the right to education in particular, and not to violate it or to prejudice it. They are approved by democratic systems and internal constitutions, which constitute a basic essence in the human enjoyment of the right to education. There are many guarantees that help protect the right to education, but the most important, in our estimation, which was stipulated in the Iraqi constitution for the year 2005, lies in the necessity of a flexible constitution that stipulates the adoption of the principle of the rule of law, the application of the principle of equality, as well as the adoption of the principle of separation of powers. And we will deal with each of them in a separate discussion.

International human rights conventions affirmed the establishment of their own international monitoring committees or bodies. Each of the international human rights conventions established an international body or committee to monitor the extent of their implementation of their provisions by the states participating in it, and the extent to which these countries respect human rights and freedoms contained in the convention. Among those conventions are international conventions against torture, as torture aims to annihilate the personality of the victim, deny the inherent dignity of the human being, and expose the prisoner to any type of torture that violates his right to physical integrity. It constitutes a threat to the life of the prisoner. Protection for this category of torture is achieved through those international committees and the competencies they exercise.