Journal Of the College of law /Al-Nahrain University

Constitutional rules are rules characterized by superiority and stability, but stability is offset by the development of society, which soon affects the ability of those rules to withstand in the face of them, and then requires the party that interprets these rules to be able to make it able to keep pace with these changes, which ensures them Stability and continuity, and the development of the contents of the constitutional rules requires that the curricula followed by the constitutional judge when he interprets the constitutional texts are flexible curricula that enable the judge to make the text viable within the framework of his fixed words, which makes the constitutional judiciary a prominent role in activating these rules and reducing the gap between reality and text.

Judicial errors in criminal judgments are a serious phenomenon that undermines the cornerstone of judicial work, and eliminates the right of litigants to a fair trial, because they have negative effects on the validity of criminal sentences, and make them subject to criticism of the higher judicial bodies (Federal Court of Cassation / Court of Cassation) because those errors The penal provisions lose their legal status as being enforceable after their announcement, which makes them vulnerable to cassation and thus erasing their executive effect. Thus, we will show through this modest research what crimes arising from error and distinguish between them, to identify the causes of error and try to find ways to reduce the crimes of sin, to maintain the reputation of the judiciary as a means of law in the application of its provisions on the one hand, and to preserve the rights of constitutional opponents on the other. And to strengthen their confidence in the judiciary On the other hand, and accordingly, the judicial error constitutes an infringement on the rights of individuals and results in harm to them, which makes them compelled to challenge the wrong criminal judgment, and the competent judicial authorities to limit the effects of the damage arising from it, and accordingly we will go into details of the criminal crimes arising from the wrong criminal judgment, as well as research In the subjectivity of these crimes, to establish a meaningful model from which we should distinguish.

The article deals the issue of the interpretative jurisdiction recognized by the Constitutional Court of Algeria in accordance with what was stated in the constitutional amendment of 2020, where it explicitly recognized the Constitutional Court for the first time with the competence to interpret constitutional provisions in the event that they were notified by the constitutionally authorized bodies to exercise the power of notification, and for the purpose of knowledge of the subject, our opinion It is necessary to address it by addressing in the first part of the article the conceptual and substantive aspects of recognizing the authority of interpretation and the most important jurisprudential interactions regarding it.Provided that the second part includes the constitutional controls for the exercise of explanatory jurisdiction by the Constitutional Court and the consequent effects that mainly revolve around the extent of the validity of the interpretative opinions issued by it. In light of what was approved by the constitutional amendment of 2020, and the directions of comparative constitutional systems

Any legislation requires a periodic review of its provisions to ascertain the appropriateness of the reality that has been found for its organization. The legislator may not have a clear vision of the circumstances and details of the legislation, which makes the legislation issued at the moment of its enactment. If the legislator does not have real data on the population and its distribution to the state's territory, it may result in a lack of proportionality between the constituencies, which undermines the fairness of the division, and sometimes the legislation becomes invalid because of the passage of time and the change of conditions issued on time, In it Past Decision to ensure that those conditions keep pace

In this research, we attempt to study a picture of the civil liability of civil liability resulting from the disruption of the implementation of postal services for the mail of letters and parcels, which arise when the postal companies or customers fail to fulfill their obligations and when civil liability arises whether contractual or tort It is necessary to compensate the injured person for the harm he sustained.
However, the officials may invoke the foreign cause or the fault of others to file a claim of liability. The agreement between the parties may also have a role in changing the liability provisions, such as being lenient or tightening, and sometimes reaching an exemption from liability

Given The seriousness of radiation pollution to the environment and human Which is necessary for the competent authorities Administrative control authorities Not being lenient in removing this is such a risk, It would leave damage Their effects may extend For many years , So management is through primary and final therapeutic methods , This pollution is treated After exhaustion Friendly preventive methods owned by the Department Which is resorted to by the administration in the event of the inability of preventive means, Such as inspection, enforcement and interdiction And other threats to deter the offender and the culprit That the pollution from doing again , These therapeutic methods may be primary means used by the administrative control authorities Before implementing the most therapeutic means To deter the violator.
As a means of warning, which was dealt with in the comparative legislation with difference With some details such as the duration of the warning , In addition to the method of closing and stopping , Thus, the administration resorted to means that carry the meaning of cruelty and apostasy As a means to withdraw the license Under which the owner of the establishment or project can not Perform his radiation work without obtaining authorization Of the competent authorities as well as the case of revoking the license .
Finally, "there is another way for the administration to remove radioactive Is to remove the effects of the violation, which means Which is no less important than other means Because it eliminates the effects of pollution definitively

The perpetrator refraining from committing the crime, if he is due to internal reasons in which the voluntary quality is achieved, then he is denied the initiation or exempt from punishment according to the position of the legislator towards recusal. The crime is committed by one person, so the perpetrator benefits from voluntary restitution if the conditions that must be met in it are fulfilled. However, the matter is different in the crimes that more than one person participates in committing, as in the crime of criminal agreement or participation in the crime. Therefore, the validity of the remission of the right of contributors to the crime is determined. According to the legislative direction that adopted the rule of revocation, if the change is invalidating the law, its effect is connected to the act, and it removes its criminal character and applies to the right of the shareholders, doers, doers, or partners, unlike if it is one of the impediments to punishment, then it is of a personal nature and its effect is limited to the shareholder who issued the retirement without other

Although diplomatic representatives enjoy personal, judicial and financial immunity as representatives of the interests of their respective States, their persons are protected and cannot be violated. And the same applies to the heads of states and military leaders, but this immunity should not be used in the implementation of criminal acts and should not be a way of impunity, the official character of the person should not exempt him in any way from criminal responsibility‚ In view of this immunity, universal jurisdiction is a mechanism for combating violations and serious crimes. Immunity prevents action against a particular person in respect of an act which is a crime derived from domestic law and international law. In order to determine the impact of immunity on the application of universal jurisdiction, we must demonstrate the concept of both diplomatic immunity and sovereign immunity and thus the extent to which universal jurisdiction is affected143

Collective bargaining has become an important part of the labor law because of the mechanisms that allow the parties to work relations to regulate the conditions and conditions of their work. The collective negotiation has become a peaceful and civilized method that distinguishes the social sphere, because it occupies an important position in the organization of professional relations as one of the fundamental pillars for the development and improvement of professional relations and the achievement of social peace through social justice in various economic institutions. Because it is an important tool to stimulate and revitalize economic life and to provide an environment conducive to the development of production on the one hand and enable institutions to meet the economic challenges imposed by globalization and economic competitiveness on the other

Most legislations are keen to achieve equality before the law, whatever the type of legal rule that addresses them, and among those laws is the criminal law, where the legislator was keen that the provisions of the law be the same regardless of the gender of the person in charge, but the latter despite his keenness to do so, but he found some kind of Special care for women, by taking into consideration their physical and psychological nature, so we find many provisions that take into account the status of women, and the fact that this care was not limited to the objective division of criminal rulings, but that it was more clear in the criminal procedures, which requires us Sleet highlighted through her research for the purpose of their adequacy in a statement to inform the female penal care or not

Dealing in the future inheritance is absolutely void from the point of view of the law and its jurisprudence, but this nullity can never be recognized, There are actions that result from dealing in the future inheritance, and the disposal of them is not void, Just as the formal transaction of selling by the benefactor to a specific heir, or in matters that can be disposed of within the limit of a third, or in matters and legal actions such as endowment and wills, or the invalid legal disposition of the future inheritance may turn out to be other than the will desired by the contracting party, According to the theory of contract transformation, it is valid to deal with the inheritance, but within the limits of what is legally decided193

The study is based on research into the civil liability for the transmission of coiD-19 in Iraqi law, by identifying the definition of infection and the definition of the disease, what is coviD-19, what methods of propagation and transmission, and what symptoms cause the patient, all we addressed in the first research. The second research is devoted to the provisions of civil responsibility for the CORONA virus, and the search for its pillars, namely error and damage, and this causal relationship and what is wrong, what damage is done to the victim of mers-co777 transmission, what is the damage caused, the causal relationship between the offender's fault and the damage, and whether the transmission is intentional or unintentional. The study concluded with the legal implications of that liability, which was limited to in-kind implementation and compensation. Finally, we concluded the research with a number of findings and recommendations, which may be a basis for the legislator to address this modern problem

The importance of maintaining public order is that it represents an urgent social necessity aimed at stabilizing societies by maintaining security, public health and tranquility, which will be highlighted through research and through the statement of the means of local governments in maintaining public order in the Constitution of Iraq , and this is one of the most important duties of the state in various Iraq’s constitutions in force, which is an essential function of the state in maintaining the public interest The administration representing the state, through the exercise of its function, works to prevent the spread of crime, to maintain public health, and to maintain public tranquility, and there is no society without a consistent system of state.

The right of the consumer to renounce the contract is a legal means and right of the legislator's rights, whereby one of the contracting parties may review the terms of the contract prior to its conclusion. This right gives the consumer a limited period of time to consider the terms and effects of the contract. , And the principle of waiver of the contract is an exception to the principle of binding force of the contract and exclusive contracts of consumption alone, The reason for this right is that the consumer is considered to be the weak party in the contract and has little experience and knowledge compared to the experience of the other party in the contract. In addition, there is no protection of his interests in the general theory of the contract. We have examined this subject through four main topics, including the nature and scope of the right of the consumer to waive the contract and the time limit for exercising the right to waive the contract, as well as the main implications of the consumer's exercise of the right to renounce the contract.

The concept of legal security is one of the concepts that the constitutional jurisprudence vary to find a comprehenensve preeventable deffintion in addition to that it is considered one of the terms mentioned in the constitutions of some countries such as (Spain, Brazil, Portugal and Ecuador), which made it of constitutional value while we find the constitutions of other countries Like Iraq 2005 and Egypt 2014, although they did not explicitly stipulate this term but despite this some jurisprudence went to say that the principle of legal security is deduced from the constitutional principle (the sovereignty of the law or the state of the law) contained in most constitutions, however it is noted that these two constitutions They touched on some pictures of the legal security represented by (non-retroactivity of laws, respect for acquired rights, legitimate expectation, restriction of the retroactive effect of ruling unconstitutional), and the constitutional judiciary had a role in giving constitutional value to some of these images, but we find that the Federal Supreme Court in Iraq has planned for it A contradictory path in some of its provisions and at other times it did not take into account the principle of legal security and the stability of the legal centers of individuals in the matter of many legislative texts that were judged incompetent constitutional