Journal of Juridical and Political Science

The subject of this study focuses on studying the principle of the independence of the judiciary by defining this principle, identifying the factors affecting it, and the most important guarantees that contribute to achieving it. In addition to identifying the aspects through which the legislative and executive authorities may influence the work of the judiciary.

In addition to defining the protection provided by the constitutional judiciary for this principle through the powers it possesses, the most important of which is its power of oversight and interpretation, through which it has contributed to establishing basic principles that constitute a real guarantee for the principle of the independence of the judiciary

Believing in the development taking place in science and technology ،especially inthe field of information and communications technology ،which has become an indispensable importance and necessity for people ،however ،this development was not without misuse. After 2004 ،all the modern means of communications entered Iraq and covered most of the places in it ،so that communication towers began to be erected. It is apparent in most ،if not all ،areas throughout Iraq ،and the most prominent thing that the Iraqi scene has witnessed is the multiplicity of damages to those living near it. There are those who put the blame on these towers ،especially after studies showed that these towers emit electromagnetic rays that are harmful to humans in the long term ،causing cancer. On the contrary ،those who denied responsibility for these towers for the damage they could cause Due to the oscillation between confirmation ،denial ،and uncertainty about the damage resulting from it ،the situation continued to where we are now ،as the towers remain and increase from time to time ،and in return ،voices and protests grow louder from those affected ،who blame the telecommunications company or the owner of the property leasing the tower ،and quarrels intensify and disputes worsen due to the damage. It affects them from time to time ،In this situation ،and despite the imposition of technical and legal controls when erecting communication towers ،the harm that befalls those around them remains and continues. What the company and the owner of the rented property claim is that there is no responsibility for them ،and what the injured person claims and the possibility of proving it and the difficulty of this claim leads to an increase and exacerbation of the harm to him. If an ideal system is found to be emulated in light of this disparity between the right of the injured person and his lack of right to compensation ،Based on these data ،we decided that it must be supported ،in addition to these technical and legal conditions when erecting towers ،by creating new rules that can cover this damage ،represented by automatic compensation ،by adopting an insurance system for environmental
المجلد الرابععشر –العدد ال و–2025مجلة العلوم القانونية والسياسية35pollution damage by concluding a liability insurance contract for the telecommunications company and completing it by placing funds. A guarantee to compensate those affected when the financial guarantee provided by the insurers is not sufficient to cover the damages. Or in the event that it is difficult to identify the specific responsible person or when there is a reason for exemption from liability ،the establishment of compensation funds is the appropriate means for the injured person to access his right to compensation ،and this is done by establishing a special legal organization that automatically compensates for the damage resulting from communications towers

After former US president Donald Tramp assumed power in the United States of America in 2017, he had the first decision he took was to affirm that American interests govern any US policy, and the other decision was that his country would increase its presence in Iraq and the region, with more exposure and influence in Iraq and regional policies and relations. Then came the Joe(Biden) administration in 2021, to find itself in trouble with its forces from Iraq, in a circumstance that its resorted to dealing with Iraq, as pressure rose on the administration to increase its dependence on allies to increase its influence in Iraq.

Administrative judiciary is one of the fundamental tools in the protection of human rights, as it contributes to ensuring respect for the fundamental rights and freedoms of individuals in the face of administrative authorities that may act arbitrarily against them. The protection of digital rights within the framework of administrative judiciary requires an independent judicial system capable of confronting administrative power and safeguarding individuals from abuse or discrimination. With technological advancement, the scope of human rights has expanded to include digital rights alongside the traditionally recognized fundamental rights. As governments and administrative authorities increasingly utilize technology in the management of public affairs, significant challenges have emerged concerning administrative overreach that may infringe upon these rights. This research aims to examine the role of the administrative judiciary in protecting individuals' digital rights, based on the judicial rulings issued by the Iraqi administrative judiciary.

The international security environment has witnessed many strategic changes, as several tools and actors have been employed by Western countries in their modern wars, including intelligence agencies, which are among the most important tools used by countries to achieve several goals Including political and military ones, Western countries also employed intelligence agencies in the Russian-Ukrainian war, to achieve a set of goals, including security, political and economic ones, in addition to monitoring the developments of the events of that war.

In today's rapidly accelerating era of globalization, certain types of administrative contracts have become a subject of considerable debate, particularly foreign investment contracts, which constitute an integral part of the legal relationships pertaining to economic interactions between states and/or individuals. These contracts play a pivotal role in attracting foreign investments and fostering national economic development, including in the context of Iraq, which is the focus of this study. Specifically, our research addresses the 'internationalization of state contracts,' which refers to the transformation of contracts concluded by the state with foreign investors into contracts governed by private international law. This transformation aims to establish a stable and secure investment environment, thereby attracting investments, and to safeguard the rights of foreign investors. Our research explores several key questions, including: What are the primary motivations that drive states to internationalize their contracts? What are the legal mechanisms employed to effectuate this internationalization? What factors influence the success of internationalization processes? Consequently, the significance of this study lies in its contribution to a deeper understanding of the increasingly pertinent phenomenon of contract internationalization and its implications for both law and economics. Furthermore, it offers valuable insights for policymakers and investors, provided that these insights are duly considered.

Protecting children's rights is of paramount importance, and foremost among these rights is the child's right to life, survival, and development, by ensuring a safe environment that supports their physical, mental, social, and emotional development. However, the information revolution and the digital environment, including digital content such as violence, pornography, hate speech, or content that encourages risky behavior, may pose a direct threat to this right. This necessitates legal regulation of the dissemination of digital content and the need to define what is considered appropriate for children's digital lives, achieving a balance between the child's right to life, growth, and survival, and their right to access information, and the need to restrict and block certain websites and content that may constitute a violation of children's rights. However, what has been an obstacle to combating this content is the difficulty of agreeing on common standards and controls among countries to determine the controls for publishing digital content. This is in addition to the technical difficulties related to controlling it or prosecuting perpetrators of this type of crime, and the spread of unregulated platforms such as encrypted communication applications. Based on the above, and in light of the digital age, we find the importance of legally establishing the criminalization of digital content that is harmful to children, both internationally and domestically, which is what this research seeks to study and shed light on.

In the parliament system we see the balancing between the authorities is ensures specially relation legislation authority، and executive authority (Government) this balancing means that the government can ask to parliament dissolve and end up its duration، and begin to select new parliament، and per contra the parliament can decide to dismis the government and ask to form new government.

In Iraq we found that the parliament had been dismissed many time during the royal system according 1925، constitutions، while there is no parliament during 1958، constitution، 1963، 1965، and also، 1968 constitution. At constitution of 1970، in spite of it provide to for parliament، but no parliament formed till 1980, At constitution of 2004، formed parliament council and also in 2005، constitution parliament constituted, To know the justification to dissolve the parliament in 2005 constitution enforce us to know the reasons of dis solving in the previous constitution and at last to assure a bout dissolving the parliament in 2005 constitution، federal one which fallowed parliament system in ruling the country.

Iraq is a pivotal point of competition with all regional and international countries because of its great position, from a brief historical perspective since the second half of the twentieth century, Iraq has emerged as one of the most prominent regional players strategically 'in the broader Middle East region, and its developments, activities and exploits have always affected' on the neighboring countries. Iraq has reached its dominant position due to various factors. Where Iraq, which includes the fourth largest oil reserve in the world and has a population of more than 32 million people, has the vital economic and demographic ability to support the dynamic regional policies, whatever its importance and direction, as is the case in the history of its international policy, and Iraq also has a strategic geopolitical location within the region. It is located in the heart of the broader Middle East and is bordered by six different countries that traditionally showed 'internal and regional ambitions and policies. It is a cultural and religious perspective, as Iraq combines the various sects and religions and the presence of religious centers such as Najaf with its location and its influence within the Arab, and finally all these factors mixed with the wide Iraqi diaspora and cross -border networks, which contributed to strengthening its location in the region, so that any changes or dynamics that occur within its borders a strong impact on the balances of regional and international powers

BRICS has played a prominent role in the international system, particularly in economic policies. It is a significant economic bloc, possessing resources and capabilities that have positioned it as a bloc seeking global status. The scholarly significance of the topic we are addressing stems from the fact that BRICS is one of the most important topics that has received and continues to receive significant attention from those interested in this field. Reforming the international system requires tremendous capabilities and capacities, represented by the bloc's countries, which have been able to overcome obstacles and achieve their goals. Despite their emerging status, they are among the strongest global economies, having significantly impacted the international system politically and economically.

That is certain that the right to litigation is one of the natural rights of man and that every in dividual who has been assaulted on one of his rights has the right to resort to the judiciary to repel that assault, as it is an authentic right and without it is impossible for individuals to secure their desires or respond to the assault that occurs on them. With the be nauseous when resorting arbitrary need for the individual not to the judiciary it must be noted that the issue of the independence of the judiciary remained together and interconnected with the right to litigation, as the survival of the judiciary in isolation from other in fluences is matter that calls for reassurance by individuals and they exercise their legitimate right to litgation, the judiciary was and still is the safety valve, and it is the one up on which individuals say their hopes for achieving justice are an illusion in their judicial ruling.

Intellectual extremism is considered one of the ideas that pose a great danger to society، as its danger threatens security and public order in society due to its ramifications and the expansion of its patterns and methods through the openness witnessed by the world and the clash of international private relations in Iraq after 2003، which cast a shadow over foreigners and their acquisition of Iraqi citizenship under the Iraqi Nationality Law No. 26 of 2006 as amended. Since the sword of law is one of the most important methods in confronting extremism، the Iraqi legislator has mentioned in the current Iraqi Nationality Law cases for withdrawing Iraqi citizenship from persons who commit acts that constitute a threat to the security of the state and the safety of its society. The Iraqi Foreign Residence Law also addressed the phenomenon of intellectual extremism by refusing the entry of foreigners into Iraqi territory and deporting them if their presence threatens the security and safety of the Iraqi state. Therefore، intellectual extremism and the basis for combating it is a modern topic، which prompted us to research it and find out how it can be eliminated or reduced using legal means .

Investment is one of the most important financial plans that were put forward in the Iraqi arena after 2003 in Iraq with its positives and negatives. Accordingly، many financial legislations were issued، which affected the financial reality. This is due to the nature of the investment philosophy in Iraq after 2003، which carries within it a mixed thought between socialism and capitalism، in addition to the rational Islamic thought that is the basis for financial dealings since Iraq is an Islamic country. Accordingly، the lack of clarity in the features of the investment philosophy in Iraq led to many problems that cast their shadows on the Iraqi citizen، bringing with them economic، social، cultural and political effects... etc.، which created a lack of clarity in the ideology followed in the state، as the philosophy of the Iraqi state was affected by the occupying thought، which was negatively reflected on the issue of investment in Iraq. This requires examining the subject according to a legal study that includes a statement of the investment philosophy from the socialist and Islamic perspectives، and then the transformations that occurred in Iraq after 2003 and their impact on its investment philosophy. After that، we conclude the research with the most important conclusions and proposals.

Given the miraculous development of artificial intelligence technologies and the powerful capabilities they possess in various fields; they influence human duties. Commanding them to play this effective role may result in what is considered a crime under established law. However, these technologies, apart from their important role and effectiveness, have not yet recognized legal personality, and the legislators, in considering them legitimate, have not yet established a precise definition of personality. Rather, the definition of personality is seen as granting it to all other beings, and not to other beings. The use of these technologies, their interaction with the surrounding environment, the independent decisions they make, and other positive aspects of these technologies do not prevent them from making mistakes. Rather, they have many negative aspects, Therefore, it has become necessary to address the direct criminal liability of these technologies for the crimes they commit and the special measures imposed on them, which we seek to clarify in this study.

The judge's primary function is not limited to applying the provisions of the law and deriving rulings from them, but he must also think and weigh conflicting evidence, the nature of the crime, and the circumstances surrounding the perpetrator. The judge's discretionary power varies according to the subject matter in which it is exercised. It may expand in crimes that affect a person's right to life, such as the crime of refraining from helping the distressed, and according to the circumstances of its commission, especially in exceptional circumstances. Then there must be limits to that power that form the circle of mental activity that the judge exercises, whether in adapting the criminal act, or in assessing the evidence or determining the punishment, especially with the spread of epidemics, which is considered an exceptional and dangerous circumstance that the world is going through, affecting the spread of crimes and violations as a result of the restrictions imposed by governments to control Emergency situation.

The active and basic role that women play in any society is largely linked to a set of factors represented in the social status they enjoy and the official and societal recognition that they have rights that cannot be derogated from in any way. These rights include the right to work and to participate in social, economic and even political affairs Thus, women's attainment of these rights gives them greater opportunities to build their character and enhance their status further. Most of the temporary constitutions in Iraq lacked commitment to human rights standards and basic freedoms, because they were originally outputs of individual or tyrannical regimes far from human rights charters approved by international legitimacy, including women’s rights. But after 2003, the policies for empowering women in Iraq had a different form and far from any ideological purposes. If I want women to have a real role in changing for the better.

The family is the first cell in society and its foundation. Rather, laws are enacted and enacted that regulate relations within society, and as a result they have developed in various fields, and continue on the resources of invasion, and encourage the development of the giants of human rights that from beneath emerge every individual or family in society, and the close interrelation between all human rights; It is not possible to dispense with the right to dispense with these rights or to divide them, and the article problem revolves around whether they are only compulsory enough to provide for the individual and the family, and the view of their enjoyment and the enjoyment of humans, and their right to own property, and to deposit on an independent real estate unit, and other such rights, and among the questions that we asked in this article, Has national legislation kept pace with international declarations and conventions by having sufficient national laws to protect the family from loss, displacement, and deprivation? Are the legal rules regarding the family and its right to property, especially real estate, stipulated in the Constitution or not? We followed the analytical approach to legal texts. To reach the most prominent results of the article, including: Real estate registration deeds, records, and certified copies are considered proof against all people for what is recorded in them, unless they are challenged by forgery.

The topic "The Role of Criminal Policy in Achieving Criminal Justice" highlights effective criminal policy, through whose objectives justice is achieved. This is particularly true given that society is made up of groups that depend on each other to achieve the desired goal. Since it is an unbalanced system that constantly evolves and changes, and its individuals are governed by relationships that produce these groups, the criminal system is the most important system because it is interconnected with all other systems within society. Criminal law is responsible for identifying criminal acts that threaten the interests of individuals in society, and on the basis of these acts, appropriate punishment is determined. It is primarily based on research conducted by specialists to understand the causes of crime, as well as on substantive criminal legal rules. A policy of prevention and deterrence is then developed. However, these elements alone are insufficient to address crime without prior mechanisms adopted by the state, represented by strategy and planning. Without knowledge of this plan upon which this problem is addressed, the criminal phenomenon will be addressed in an improvised manner, lacking a single origin, dimensions, or legal provisions regulating it. Therefore, criminal policy has objectives that it seeks to achieve. To achieve it according to these mechanisms, including achieving criminal justice, especially if the enacted laws stem from society. If they are the opposite, that is, they do not embody social values and reflect the will of those in power, then they will not achieve criminal justice .

The spread of crimes and legal violations is natural and inherent to humankind since creation, and in all societies. However, this phenomenon increases and expands in exceptional circumstances, accompanied by measures that restrict freedom, limit the scope of work, and narrow the scope of individual freedom. Governments do not offer any alternatives to mitigate the impact of these circumstances and their negative impact on society. Such a crime is the crime of failing to provide relief to those in distress, which is considered a social crime based on the principle of assistance and extending a helping hand to every person who may be exposed to a danger that threatens their life or safety. The commission of this crime has significant repercussions that threaten the human right to life or bodily integrity, which international conventions, constitutions, and national legislation protect. All on his protection.