AL-Qadisiya Journal

The current Iraqi Constitution of 2005 explicitly and statutorily addressed many of the fundamental rights of the individual and the family, including the right to social security, taking into account children, women, and the status of individuals in old age, illness, incapacity to work, homelessness, orphanhood, and unemployment. Article (30) of the current Iraqi Constitution placed the right to social security among the constitutionally protected rights. We also found that many constitutional tributaries were established to provide protection for such rights, including the independence of the judiciary, the oversight of the constitutionality of laws, the principle of legality, and the principle of separation of powers. These elements and principles combined do not provide a real and effective guarantee for the implementation of the right to social security for the Iraqi individual, provided that government institutions consider the objective aspect before the formal aspect in demonstrating the rationale behind the Iraqi constitutional legislator's constitutional allocation of the right to social security. In doing so, the legislator took into account the importance of this right and, at the same time, the size of the social segment affected by this right in a country like Iraq.

The contracts concluded by the state, referred to as governmental contracts, and are the means by which the state acquires its needs for materials, machinery, and other constructions. Since the state is the legitimate representative of the people, and public funds are constitutionally owned by the people, their protection becomes a duty for those responsible for managing them. Therefore, Iraqi legislation has outlined procedures and methods to prevent misuse and exploitation of these funds through the processes and mechanisms involved in concluding these contracts, ensuring that public interest is served and adopting the principle of transparency, which allows easy and flexible access to information.

Under the principle of autonomous autonomy for regions, each region has the right to have its own constitution under which the structure of legislative, executive, and judicial authorities is regulated. Another manifestation of this principle is the financial independence of the regions.
The Kurdistan Region, with its official institutions, including the legislative authority, emerged as a de facto after the uprising of the Kurdish people in 1991, and was then officially recognized as a federal region in the State Administration Law for the Transitional Period and then the Iraqi Permanent Constitution of 2005.
Under the Permanent Constitution of Iraq for the year 2005, both the federal authority and the regional authority legislate within the limits of their constitutional powers. According to the Iraqi Constitution, there are exclusive powers for the federal government and it has the freedom to legislate whatever it wants, and here priority is given to federal laws. With regard to the shared jurisdictions between the federal authority and the regional authority, which are the subject of overlap between two authorities, in the event of a conflict of laws, regional laws take precedence, and the regions can amend the application of federal laws in the region. This case includes all matters that do not fall within the exclusive jurisdictions of the federal government.
The permanent Iraqi constitution also includes a set of provisions and principles to protect the autonomous autonomy of the regions, including recognition of the entity of the region, the principle of participation and constitutional judicial oversight, but in terms of process and in reality, some of these provisions are ؟ well as different and contradictory interpretations of these provisions in particular. On the part of the Federal Supreme Court, this led to a violation of these provisions and principles and their ineffectiveness in protecting the autonomy of the regions.

This study aims to analyze the role of analogical reasoning in the interpretation of international treaties, with a focus on the theoretical foundations underpinning it within the legal framework, its practical manifestations in judicial systems, and the challenges posed by its diverse applications. The study further seeks to elucidate the extent to which the method of reasoning by analogy contributes to enhancing the logical coherence of the international legal system and its capacity to accommodate emerging developments driven by shifts in international relations. Employing a critical analytical methodology, the study examines the provisions of the 1969 Vienna Convention on the Law of Treaties, particularly Articles 31 and 32 thereof, alongside an in-depth analysis of pertinent judicial precedents. The study concludes that analogical reasoning serves as an essential tool for addressing legislative gaps by applying established legal principles to unregulated cases, contingent upon the existence of a substantive analogy between such cases and those governed by existing legal norms. However, the study also underscores that while analogical reasoning holds significant practical value, it necessitates the establishment of precise methodological controls to strike a balance between the flexibility required for legal interpretation and the imperative of legal stability, provided such controls do not compromise the fundamental principles of international law. The findings of this study carry particular significance in advancing the development of judicial mechanisms for treaty interpretation, ensuring they align with contemporary challenges while safeguarding the integrity of the international legal architecture.

This research deals with the study of administrative delegation and its impact on judicial oversight, highlighting the vital role that delegation plays in improving the efficiency of public administration through distributing powers to different levels in administrative bodies, The legal provisions regulating the delegation process and their impact on government performance were reviewed, with a focus on the importance of administrative judiciary oversight in ensuring that delegation is carried out within the framework of the law and in accordance with the established objectives, The legal challenges faced by the judiciary in this context were also analysed, especially with regard to the difficulty of defining the limits of authorization and practices that may exceed the permissible legal framework, The research also shows that administrative delegation can be an effective tool if it is carefully organized and legislated, while ensuring the presence of effective judicial oversight that protects rights and ensures that authority is not compromised or the law is exceeded.
On the other hand, the research addressed the impact of the discretionary authority granted to the delegates on the ability of the administrative judiciary to intervene when abuses or abuse of power occur. The research indicated the need for flexible judicial standards that allow the judiciary to deal with administrative delegation effectively, which ensures the protection of individual rights on the one hand, On the other hand, it allows the public administration to take appropriate decisions. He also stressed the importance of updating legislation related to administrative delegation to keep pace with contemporary challenges, and to ensure the existence of a legal framework regulating these processes, Thus, this research is an important attempt to understand the relationship between administrative delegation and judicial oversight in the administrative system, and proposes realistic solutions to enhance the effectiveness of judicial oversight of administrative delegations in legal systems.

The subject of the right in international law is one of the subjects that occupies a distinct importance in international law, which many people interested in international law avoid delving into due to its accuracy, first, and the difficulties surrounding the subject, second, due to the problem of conflict with some of the interests of states that they are keen to defend, regardless of whether they are consistent with the idea of the right or not. The problem of the study arises in an attempt to formulate a special theory of the right in international law, due to the special nature of international law, which is subject, as a general principle, to international decentralization and the freedom of states in their international actions, except with an explicit restriction. The research was divided into two sections, the first of which dealt with the right in domestic and international law, while the second section dealt with models of the right in international law, namely recognition and the right to self-determination.

This research revolves around the topic of constitutional deterrence. Through this study, the researcher aimed to understand the reality of achieving constitutional deterrence in light of constitutional texts, as the topic of constitutional deterrence is distinguished by a specificity that distinguishes it from other legal fields, depending on the nature of the field that the constitutional rule seeks to frame by regulating the work of public authorities and the lives of individuals in society. The protection of the constitution and the effectiveness of its texts cannot be justified as fixed data for achieving constitutional and political reform, as they are an indicator that enhances the possibilities of its supremacy, its effectiveness, and its impact on the lives of individuals through the interaction of the structure of the constitution and its compatibility with societal variables only, given that the constitution is static, and that there is supremacy to the constitution from a founding perspective. Rather, there must be means of constitutional deterrence that support the constitution with constitutional texts that include material and legal penalties, in addition to official deterrent institutions that prevent its violation - the constitutional judiciary - capable of exposing violations of the constitution. Regardless of the degree of the mechanisms for achieving supremacy and protection, they remain relative and limited without a sound legal framework for the means of constitutional deterrence.

The protection of acquired rights arising from administrative decisions is one of the fundamental principles in the legal system, ensuring individuals' stability in the rights they have gained through prior administrative decisions. The administrative judiciary is the authority responsible for safeguarding these rights, allowing individuals to challenge any administrative decision that may undermine their acquired rights, whether through revocation or modification. This protection aims to prevent administrative abuse of power and to ensure the stability of individuals' legal situations, thereby reinforcing the principle of legality and the rule of law. Such protection is a cornerstone of the legal state, as it strengthens the principles of legality and justice, balances the relationship between individuals and the administration, and guarantees respect for individuals' rights, shielding them from any violations or abuses. It would be unjust to disregard acquired rights, as this could erode trust in the legal framework, ultimately leading to instability in legal transactions and situations.

Many hospitals with its officials faced a military assault during the armed conflict as well as continuous violations for the rules of human international law. Although our Law Includes everything but if faced applied difficulties which effect on achieving the effective protection for medical staff for many reasons. Namely، the focusing on factors which lead to not obey the rules of human international; law such as the military – political interests of litigants. The protection of medical staff is not only legal obligation but also human work which shows the main values for human international law in difficult circumstances.

The investigation is the first stage of the intervention of the competent authorities in order to detect the crime and identify the perpetrators, through which the court can determine criminal responsibility or not, and the parallel investigation is a contemporary means realized by the effectiveness of special penal legislation. However, the parallel financial investigation is one of the procedures developed within the framework of research, investigation and verification of the legitimacy of funds and assets when
The competent authorities generate doubts about the illegality of funds or profits that may be resulting from the trade in drugs or weapons or those that trade in human organs, the subjectivity of this type of investigation lies in the fact that it is limited to investigating the scope of funds belonging to natural persons or legal persons such as financial institutions, exchange companies and private banks... Etc.
Note that it is conducted in parallel with the ordinary judicial investigation and in parallel and does not hinder or obstruct its path, the goal and the desired goal are the same, and it is worth noting that the legislation on combating money laundering is the one that recently invented this type of investigation by amending the legislation and adding texts that regulate the provisions of work in parallel investigation, because of its great importance as the competent authorities were granted to work within the scope of the parallel investigation very broad powers, reaching the level of departure from the general principles in the penal law as the permissibility of behavior However, Iraqi legislation still does not stipulate this procedure, while the Supreme Judicial Council has adopted and relied on it with regard to money-laundering and terrorist financing crimes.

This research aims to study the role of oversight institutions in achieving transparency in public administration, by analyzing the importance of oversight as a tool to enhance integrity, combat corruption, and ensure the optimal use of public resources. The research addresses the role of oversight institutions in detecting administrative violations, evaluating government performance, and submitting periodic reports that contribute to raising the level of transparency and trust between the government and society. The research also reviews the challenges facing these institutions in performing their role effectively, and proposes strategies to enhance and develop oversight mechanisms in line with administrative and legal developments.

Artificial intelligence technology can play a pivotal role in enhancing integrity and transparency in Iraq and contribute to reducing corruption by improving control over administrative and financial processes and big data analytics to detect patterns.
Suspicious and financial deviations The Industrial Revolution of the 18th century brought about radical changes in the world due to the emergence of numerous thinkers and inventors who developed a range of advanced and unprecedented technologies As a result, countries around the world began to build sophisticated intelligent systems capable of achieving digital transformation, which is a crucial pillar of modern economic growth They aimed to create an attractive environment for investment competition by attracting foreign capital and supporting domestic capital to develop their resources, ultimately reaching a knowledge and innovation-based society Similarly, Iraq has established several electronic platforms to combat corruption, such as the Electronic Citizen Platform in 2014, the \"Raqibni\" Platform in 2018, the \"Salamat\" Platform in 2020, the \"Or\" and \"Gharama\" Platforms in 2021, and the (Lazarovich) Institutional Management System in 2023, Despite these efforts, administrative and financial corruption has been increasing in recent years, This is attributed to the lack of awareness or trust in these platforms among many people, This study sheds light on the role of artificial intelligence in enhancing integrity and transparency in Iraq through its application in various fields such as institutional management and scientific research, however, the ethical challenges associated with the use of artificial intelligence remain in a focused position in developing clear policies to ensure integrity and transparency in that.

Preventive criminalization is a modern legal concept that adopts a criminal policy aimed at preventing crimes before any material or actual harm occurs. This approach is based on criminalizing certain actions that are considered potential threats to legally protected interests, such as the human right to life and physical safety. However, there are several challenges facing legislators and criminal justice systems in implementing preventive criminalization. One of the most prominent challenges is that, in some cases, the legal texts governing preventive criminalization may be unclear or overly broad, leading to varying interpretations that could harm the application of justice. Additionally, assessing potential risks and balancing them against personal rights and freedoms is complex, as preventive criminalization may conflict with individual rights and personal freedoms. This is because preventive criminalization requires intervention in individuals\' behaviors before it is proven that they have committed an actual crime, which could lead to unjustified restrictions on personal freedoms. Furthermore, there is the issue of determining criminal intent in preventive crimes, as some legal applications require proving specific intent, making it more complicated and difficult to establish the accused\'s criminal intent. To address these challenges, we propose that the Iraqi legislator enact precise and clear legislation related to preventive criminalization, while ensuring the protection of individual rights. Intervention should only occur in cases that pose a genuine threat to public security, and individual freedoms should not be infringed upon except in necessary circumstances. Additionally, the nature of criminal intent required in preventive crimes should be clearly defined, with a preference for general intent to ensure the effective enforcement of these laws.

When a constitutional judge rules that a text is unconstitutional, he fills the text by adding something that complements it or replacing the part that violates the constitution with another text that is more compatible with the provisions of the constitution, provided that the constitutional judge does not deviate from the basic goal that the legislator wanted.
Substitutionary rulings are defined as the constitutional judge issuing rulings to cancel and exclude a rule that violates the Constitution and replace it with another rule that is more consistent with its rulings.
The Federal Supreme Court has a pioneering and new experience in following the substitutionary approach in its rulings، as it issues substitutionary rulings by replacing one text with another without ruling that the entire law is unconstitutional.

Electronic administrative decision-making is considered one of the latest forms of administration exercising the control authority granted to it by law. It is one of the requirements for enabling the administration to carry out its functions in our modern era so that it can carry out its tasks in a manner that is consistent with the developments that we find in the lives of individuals and the state.

This form of administrative decision did not differ from the traditional decision in its content and legal concept. However, some characteristics were introduced due to the existence of electronic systems and communications networks that carry out the procedures for issuing the electronic administrative decisions instead of the component administration itself, and announce it to those who are addressed, which can be considered a development that affected the external pillars of the administrative decision, and made it somewhat different from the traditional administrative decision that the administration issues on paper and announces using traditional methods. However, it didn’t exempt the administration from adhering to the legal and judicial principles that require legitimacy in the administration\'s legal work, and therefore the decision was not issued. The electronic administrative system is within the scope of the administrative judiciary’s control, and it is not fortified from being appealed in annulment, the condition that the pillars of the decision are met remains a condition for its existence and for it to produce the legal effects that the administration intended to create when issuing it.

The research discusses the impact of the problem of artificial intelligence on public international law, through the concepts, challenges and risks facing international law and human rights law as branches of the principles of public international law, with regard to the risks of autonomous weapons, and the risks that concern human rights to life, privacy and others. The selection plan was chosen to select a number of topics, as we discussed in the first topic the conceptual framework of artificial intelligence, its forms and applications, In the second section, we discussed the problems of artificial intelligence facing international law within the framework of international humanitarian law and human rights law and the mechanisms of international law in confronting these problems. We concluded the research with a conclusion that included the results we reached and the recommendations in light of that, and we reached a main conclusion, which is that the rules of international law are no longer able to keep pace with the rapid development of artificial intelligence and its actual and potential risks, which requires a radical development to put an end to the risks of artificial intelligence.

Armed conflicts have devastating consequences on food security, as they disrupt supply chains, destroy agricultural infrastructure, and hinder civilians’ access to essential food resources. International humanitarian law (IHL) plays a crucial role in mitigating these effects by establishing legal frameworks that protect civilian food sources and prohibit the use of starvation as a method of warfare. This research examines the conceptual dimensions of food security, highlighting its different forms and key challenges, while also analyzing IHL mechanisms aimed at preventing food insecurity during armed conflicts. It explores the prohibition of indiscriminate attacks on food-related infrastructure and the legal provisions that safeguard civilians' access to sustenance. By analyzing international treaties, customary laws, and case studies, this study underscores the importance of enforcing IHL to enhance global food security and protect vulnerable populations in conflict zones.

This research addresses a modern legal problem related to the attribution of criminal liability for killings by drones that carry out crimes remotely. It discusses the philosophical challenge posed by the absence of a direct relationship between the perpetrator and the criminal act, which necessitates a reconsideration of the concept of intent and individual responsibility, as well as a discussion of the technical dimensions that create multiple actors (the programmer, the operator, the commander). It questions the classical rules of the perpetrator and the accomplice. It compares legal systems (Iraqi, French, and American) in their treatment of technical acts and the elements of the crime, highlighting legislative disparities. This demonstrates that traditional law is in need of philosophical and methodological modernization to address the development of automated cybercrimes. It focuses on the need to redefine the moral element to include the intent of technical control, not just manual action. It raises a philosophical question about the limits of criminal acts: Who actually kills? The machine, or the human who commands it? It highlights the absence of explicit legislative texts regulating crimes committed through modern technological means. It calls for the development of an expanded theory of liability based on the expected consequences of technological action. It concludes by emphasizing the need to adapt criminal jurisprudence to the reality of contemporary crime to ensure effective justice.

Criminal philosophy has traditionally been concerned with truth and existence, goodness and absolute justice. The ultimate goal of the criminal justice system is to hold criminals accountable for their actions and ensure the safety and security of society. Therefore, it is necessary to achieve a balance between seeking justice in society and protecting individual rights, which requires an in-depth study of criminal evidence, the seriousness of the crime and its negative impact on society. The role of criminal law includes maintaining public order, deterring criminal behavior, achieving social justice, and providing a legal framework to enhance peace and security and protect individuals. Criminals are subject to criminal accountability for their crimes. Community justice requires a balanced and rational approach that combines punishment, deterrence and rehabilitation of criminals. The changing role of penal institutions is based on the idea of rehabilitating people in prisons، reintegrating them into society and enabling them to work.

Tax deposits are considered one of the fundamental legal and financial instruments adopted by states to ensure tax collection and reduce tax evasion. They represent financial amounts temporarily withheld or collected from taxpayers and deposited into special government accounts as a guarantee for fulfilling their tax obligations until they are settled or refunded in accordance with the applicable legislation. In Iraq, this system is based on clear constitutional and legislative foundations, most notably the 2005 Iraqi Constitution, the Income Tax Law, the Customs Law, and the Financial Management Law, in addition to the instructions of the General Commission for Taxes, all reinforced by oversight from the Federal Board of Supreme Audit and the Integrity Commission. It has been found that the absence of precise legal provisions regulating the mechanisms for withholding and refunding tax deposits, along with weak technical infrastructure, increases the risks of manipulation, corruption, and bureaucracy, which negatively affects taxpayers' rights and weakens confidence in the tax system. Moreover, the lack of clear timeframes for refunding tax deposits contributes to delaying taxpayers' financial entitlements and turns these deposits into an illegitimate temporary resource for the state.

Administrative and political corruption is a prominent issue that has its roots throughout history, as it has spread in our current societies, whether developing or advanced, and has appeared in all political systems. Corruption expresses the illegal actions carried out by officials, such as exploiting powers, influence, and extortion to achieve their personal interests.
Iraq is one of the countries that witnessed major political transformations and many phenomena emerged after the political change in 2003, the most prominent of which is the phenomenon of corruption, and the issue of political corruption has become a subject of controversy. Iraq is considered one of the countries that has faced and continues to face major challenges due to administrative and political corruption, which has become a widespread phenomenon in many state institutions. Administrative corruption in Iraq has reached dangerous levels, posing a real threat to the future of state building. Despite the existence of oversight institutions aimed at strengthening the rule of law and institutions and combating corruption, these efforts have not achieved the desired results so far.
This research focuses on studying the legal methods for combating political and administrative corruption in Iraq, with a focus on combating and combating corruption through specialized institutions to combat corruption and adopting transparency in managing government affairs at all levels. Through this study, we try to identify the reasons that contributed to the spread of political and administrative corruption in Iraq and the effectiveness of specialized agencies to combat political and administrative corruption in Iraq, especially in government institutions, and to review and analyze the legal methods used to combat corruption in Iraq and evaluate the effectiveness of current legislation in achieving this goal. The research will also address the challenges facing the Iraqi legal system in addressing corruption, including political interference, lack of resources, and weak executive bodies. We will present a set of proposed strategies to strengthen the anti-corruption system, such as reforming the judicial system and enhancing transparency.

This research examines the role of the administrative judiciary in Iraq in overseeing the competence requirement in public office. The importance of this topic stems from its impact on promoting equality, equal opportunity, and efficiency in public service, especially as the Iraqi Constitution affirms equal opportunity in public employment. The study employs a descriptive-analytical approach and a comparative method, examining the Iraqi legal framework and administrative court decisions on the competence requirement and comparing them with other legal systems to highlight strengths and weaknesses in Iraqi legislation.

Procedural economy is included in all legal texts that regulate the conduct of civil litigation and prevents the obstruction of any wrongful action by the litigants or judges that leads to rights not being fulfilled within the specified time period in which the case must be decided.
However, despite this, the goal of procedural economy is clear and clear. However, we sometimes collide with procedures that delay the adjudication of the case and prevent the litigants from obtaining their rights in the allotted time. This causes great procedural waste and the litigants bear financial costs and loss of time. However, we seek to achieve we sought to remedy this matter by studying the idea of procedural economics

One of the most prominent human activities that has been flourishing in recent times and has been rapidly spreading is sports activities. These activities have come to be practiced on a very broad scale, not only among young people but also across all age groups and genders. Consequently, in order to regulate this human activity, those responsible for it, as well as the national legislator, have intervened by establishing a set of laws and rules governing and organizing this activity. These include professional sports laws, sports federation laws, sports club laws, as well as regulations and statutes known as the laws or rules of sports games.
Thus, what is known as sports law has emerged, gradually acquiring a degree of autonomy, even though it is not entirely independent from other branches of law. Nevertheless, it has developed into a distinct and specialized legal field. These laws and regulations are binding and must be followed by all participants in sports activities, even if they are not athletes themselves. In fact, these legal provisions are mandatory for national courts in general, as well as for arbitration bodies and legal committees with judicial authority within sports federations that handle sports-related disputes, whether at the national or international level.
As a result, judges and arbitrators find themselves obligated to adhere to these laws and regulations, even though they are not always issued by the competent legislative authority of a given country. In many cases, such rules are formulated by private individuals involved in the sport, whether as athletes or organizers, at the national level through what is known as the national (local) sports federation or at the international level through what is referred to as the international sports federation. The legal basis for the binding force of these sports legal rules stems from two main sources. First, legislative delegation, whereby the national legislator grants these sports bodies the authority to establish such legal rules. Second, the legislator’s recognition of these rules by incorporating them into national legislation, thereby mandating compliance with them for all participants in sports activities. Through these two mechanisms, sports legal rules acquire their binding force and find their legal foundation in this obligation.