Journal of college of Law for Legal and Political Sciences

Without a doubt, the law and even the administrative judiciary recognize the exceptional rights, powers and privileges of the administration, since the features of the administrative contract relate to the organization and management of public utilities, in addition to a principle that is not without importance from what was accepted, which is the principle of the ability of the public facility to change and amend in line with the requirements of renewal in order to achieve the public interest and satisfy the needs of society or the public. Therefore, it is not surprising that the administration enjoys these powers even if they are not stipulated in the contract in particular and public works contracts in general in all their stages, whether amendment, cancellation or settlement, even if they are not stipulated in the contract, because they are related to public order. Which was the choice to contract with the administration in public works contracts relative to its qualifications, expertise and experiences on the one hand, but on the other hand, which is very important to choose the idea of a legal person, i.e. the administration enjoys within the scope of public works contracts broad powers that follow from the fact that the administration is responsible for the proper functioning of the public facility and its regularity steadily. Although the general principle or general rule governing civil contracts is the principle of (pact a sun served), it is not permissible, as is known, to revoke or amend it

Augustine considered war an unfortunate necessity to restore order and confront grave injustice, He insisted that war is just only when declared by a legitimate authority for justice or defence, and He emphasized right intention, aiming for peace rather than personal gain or revenge. Peace, for Augustine, meant restoring divine and natural order, Augustine's three pillars—authority, just cause, and right

The decay and dissolution or erasure of the local culture are the most prominent concepts that reflect the magnitude of the threat to cultural security , A danger posed by the forces of Western globalization in general - as long as their project aims in its temporal dimension beyond the nation-state - and cultural globalization in particular, as it is the most prominent threat to the national personality and the national cultural system and its identity, Due to several tools, not only relying on advanced technology, but also international institutions with the aim of forming a monocultural pattern within the liberal cosmopolitan project , For cultural globalization to bear the character of an attack against cultural security, security that first necessitated building cultural security and considering it a major part of national security, and identifying ways to confront it

The challenges between the two parties to the conflict—Israel, with the help of its allies, on the one hand, and Iran, with the help of its former and subsequent proxies, on the other—have revealed the establishment of a new Middle East with a single regional pole that dominates the capabilities of the countries in the region. This has been achieved by exploiting the fact that some Arab countries in the region suffer from internal insecurity, in addition to internal problems and conflicts with their peoples. This has opened the way for the state that believes it is stronger to attempt to dominate the stronger party in the conflict through a strategy of influence and existential imposition, thereby eliminating any potential nuclear threat

The Red Sea is one of the world's most strategically important maritime corridors, connecting the Mediterranean Sea via the Suez Canal to the Indian Ocean via the Bab al-Mandab Strait. This makes it a major transit point for international trade, particularly for transporting energy from the Arabian Gulf to Europe and Asia. This geographic location has made it a focus for major and regional powers competing for influence and control.
In recent years, militarization of the Red Sea has increased, with the establishment of foreign military bases on its coasts, particularly in Horn of Africa countries such as Djibouti and Eritrea. This raises questions about the implications of this intense military presence for regional security. Global powers such as the United States, China, and France seek to secure their strategic interests, while regional countries such as Saudi Arabia, Egypt, and Turkey are engaged in strengthening their military presence to ensure their influence.
The militarization of the Red Sea raises the question of whether this phenomenon will complicate the geopolitical and strategic landscape and increase the chances of conflict. On the other hand, there is a growing trend toward establishing military zones to secure navigation and protect interests. This could lead to the emergence of the axes phenomenon, which in itself represents a point of conflict and serious security threats.

Caring for children is one of the most important tasks carried out by the family in terms of their physical and moral upbringing so that the child becomes a good member of society. However, the family may not be able to perform this task for any reason, such as if the parents are sentenced to a penalty restricting their freedom due to their exposure to a health disaster that puts them in a state where they are unable to raise their young children. The child care contract is a contract concluded between the real family or the social care institution on one side and the alternative family on the other side, for the purpose of raising and educating the child, whether in return for a fee or as a donation for a social or charitable motive. Due to the newness of the contract and the lack of special rules for it, we have adapted the contract and distinguished it from other contracts that are subject to the upbringing and education of the child, after defining the child and explaining his most important characteristics and distinguishing him from the child for the purpose of applying the general rules of civil law to its most important provisions

Cybercrime has emerged as a serious threat in the digital age, affecting individuals, institutions, and nature of cybercrime and examines the extent of criminal liability under Iraqi law. It analyzes, how Iraqi jurisprudence addresses various forms of cybercrime, including hacking, identity theft, online fraud, and unauthorized access to data. The research also investigates the challenges facing the Iraqi legal system in prosecuting cybercriminals, such as the lack of comprehensive cyber legislation, technical expertise, and the transnational, nature of cyber offenses. Furthermore, the paper assesses the boundaries of criminal responsibility, particularly in cases involving indirect participation corporate liability, and juvenile offenders. Through a comparative lens, the study proposes legal reforms and judicial, strategies to enhance the effectiveness of Iraq`s legal response to cybercrime while ensuring due process, and the protection of fundamental rights

The international system is experiencing rapid transformations following the outbreak of the Russia–Ukraine war in 2022, which has marked a turning point in the global order. This conflict has brought concepts of power, deterrence, and geopolitical alliances back to the forefront while deepening divisions among major powers. Consequently, it has cast a shadow over other related issues, most notably the Taiwan question. This research aims to analyze how this war has impacted the political and security realities in Taiwan by examining shifts in threat perceptions and alterations in Taiwan’s domestic and foreign policy priorities amid escalating Chinese pressure—whether through military maneuvers or political rhetoric. The underlying hypothesis of this study is that the Russia–Ukraine conflict has prompted Taiwan to reconsider its political and security strategies and to strengthen its informal alliances with Western powers in the absence of decisive international guarantees to deter a military invasion. The first section of the research explores the historical and political backgrounds of both the Russia–Ukraine war and the Taiwan issue. The second section discusses the war’s impacts on Taiwan’s political and security environment, particularly concerning the escalation of sovereignty discourse, the expansion of defensive capabilities, and the potential to draw lessons from the Ukrainian model in resisting external pressures. The study utilizes an analytical-descriptive approach alongside a comparative case study methodology. Its aim is to contribute to a deeper understanding of the intersection of geopolitical conflicts in the post-Cold War era, especially amidst the intensifying US–China rivalry in East Asia

this article attempts to shed light on civil and political human rights in the context of globalization . given that globalization has two aspects , it is necessary to distinguishbetween the concept of humanitarian globalization , which aims to ensure respect for human rights worldwide .and political globalization , which aims to impose a particular way of life on the world. The article then axamines the halabi applications of globalization to these rights , despite some of its positive aspects, through studies . the opinions and orientations of thinkers ,and reports from international organizations

This research examines the constitutional protection of freedom of opinion and expression in the context of the rapid development of artificial intelligence technologies. It focuses on the legal and constitutional challenges posed by the use of algorithms, digital surveillance, and AI-generated misinformation, assessing the adequacy of constitutional provisions in Iraq compared to advanced international experiences. The study analyzes the role of constitutional courts and legislative oversight in safeguarding freedom of expression and proposes mechanisms to strengthen this protection in the digital age. The findings indicate that traditional constitutional safeguards require legal and judicial adaptation to address the emerging risks of AI while ensuring a balance between freedom of expression and the protection of public order and national security

Iraq is one of the first countries in the region to enact an income tax law, and other countries in the region followed suit. In fact, Iraq has issued several income tax laws, including Law No. 52 of 1972, then Law No. 26 of 1939, and then Law No. 85 of 1956. Then, with the change in the constitutional system in Iraq from a monarchy to a republican system, and Iraq’s adoption of the socialist doctrine in the economy, this constitutional and economic change had to be accompanied by a change in the tax philosophy. Thus, Income Tax Law No. 95 of 1959 was issued, and this law remained in effect until the beginning of the eighties of the last century, as economic reforms and developments showed the need for Iraq to issue a new law that keeps pace with these changes in the Iraqi economic system and its relationship with the countries of the world. Thus, Income Tax Law No. 113 of 1982 was issued, which is still in effect to this day. In fact, the tax history of Iraq shows the issuance of tax laws throughout the history of Iraq that are compatible with the constitutional or economic changes it is going through. Iraq, however, the recent events after 2003 and the economic and constitutional changes that Iraq has undergone, especially its adoption of a federal constitutional system and its move towards an open market economy, were worthy of either amending the income tax law or issuing a new law that keeps pace with these economic, political and constitutional changes. However, Iraq has maintained a law issued in light of a previous constitution that differed in its philosophy and style from the 2005 constitution, which raised questions about the effectiveness of this law in confronting such changes. Our research came in an attempt to highlight these difficulties, identify the sources of the defect, and explain the advantages of this law, then attempt to explain the most important possible solutions and procedures to overcome these difficulties by having the tax law organize taxes in Iraq according to the current concept of management and the new direction of the Iraqi economy.

The traditional means of concluding an administrative contract have become one of the most prominent means of spreading administrative corruption behaviors within administrative institutions. Forms of bribery, blackmail, favoritism for one contractor over another, and other means still affect the concluding of an administrative contract in its traditional form, and thus it is sometimes not possible through it to achieve the requirements. The administration is unable to achieve the public benefit and interest as a result of these contracts, since the administration has chosen its contractors illegally , the expansion of technology and the state’s adoption of electronic means in providing administrative services can have a positive impact on administrative contracting, making it electronic means, achieving its characteristics in terms of concluding, communicating, submitting identification papers and other requirements by electronic means, and concluding that contract with high transparency, flexibility, speed, and in front of everyone, leading to a reduction of administrative corruption within the administrative institution, and therefore the primary goal of the research is to take the necessary means to reduce administrative corruption behaviors within ,The administrative institution requires legal legislation or procedures to ensure electronic transformation in the field of administrative work for the administration, which achieves the importance of providing the best services to individuals and developing and developing the management apparatus in accordance with modern trends in adopting technological means in administrative work, and the reason for the research is to address the problems arising from the transformation towards electronic administrative contracting Whether at the level of legislation or procedures, and knowing the nature of that contract as a means of reducing forms of administrative corruption Perhaps the most prominent means that the electronic contract enjoys is transparency, speed, flexibility, and freedom to enter into legitimate competition, which is considered one of the most important means of reducing administrative corruption behaviors by those involved in administrative contracting through traditional means

The relationship between state structure and public policy-making is a fundamental issue in political science and public administration, as the constitutional and institutional framework of a state directly affects the formulation and implementation of public policies. This research aims to study and analyze this influence through three main chapters combining theoretical analysis with an applied case study of Iraq. The first chapter provides a theoretical and conceptual framework by defining the state and its elements, state classifications (unitary, federal, centralized, decentralized), and the role of constitutional and political institutions. It also explores the concept of public policy, its cycle stages, and the main actors involved. The second chapter discusses the impact of different state forms on decision-making and public policies, the role of the executive, legislative, and judicial authorities, and presents comparative international experiences (United States, Germany, France, Iraq). The third chapter presents an applied study on Iraq post-2003, focusing on the state’s structure, distribution of power between the central government, the Kurdistan Region, and the governorates, and the impact of political and institutional environments on key policy areas such as health, education, and the economy. The research concludes with key findings, evaluation of the hypotheses, and recommendations for researchers and policymakers to strengthen the relationship between state structure and public policy-making

China has harnessed its comprehensive strength and capabilities to pursue an expansionist strategy, becoming the world’s second-largest economy with remarkable growth. However, it faces multiple challenges, especially after the COVID-19 pandemic, which weakened consumption, increased unemployment, inflated debt, and triggered energy and real estate crises. The ongoing trade rivalry with the United States, along with geopolitical shifts such as the Russia-Ukraine war and the Gaza-Israel conflict, have further impacted China’s economic trajectory and slowed its Belt and Road Initiative. Despite these challenges, China remains the world’s largest exporter, the second-largest importer, and a global leader in GDP growth, sustaining its influential economic presence through its comparative advantages

Digital wealth-encompassing electronic accounts, cryptocurrencies and digital content- is witnessing exponential growth, leading to the inclusion of digital assets within the legal concept of an estate. However Arab legalisation generally and Iraqi realisation specifically address this assets through a traditional generally, and Iraqi legislation specifically, address these assets through a traditional lens, resulting in a substantial legislative void that jeopardizes heirs' rights and complicates the lawful transfer of a ownership. Consequently, an Arab legalization gap persists in the realm of digital inheritance, where explicit Laws regulating such inheritance remain absent, save for limited legislative endeavors that fall short of adequately addressing the multifaceted challenges heirs face when claiming their rights after the death of a testator

The topic (the validity of judicial inspection in matters of civil evidence) is considered one of the important topics on the social and legal levels, because judicial inspection is a method of direct proof, and judicial inspection occupies a prominent place in the field of proving material facts, because according to it the judge understands the case and its evidence and determines the truth of the dispute. The person before whom it is presented, which helps him to form his conviction in the case in dispute and dispute, as the judge’s conviction is the basis on which the civil judicial ruling is built. The Iraqi legislator has devoted Chapter Seven to the provisions of judicial inspection within Chapter Two entitled (Methods of Evidence) of the effective Iraqi Evidence Law No. 107) of 1979, and this issue was dealt with in Articles 125-131 of the law referred to above

This study explores the role of the legislative branch in combating corruption, using Iraq’s Council of Representatives as a case study. It seeks to assess how effectively the Council’s constitutional and oversight tools—interpellations, votes of no-confidence, and law-making powers—curb administrative and financial corruption. A descriptive-analytical methodology was employed, combining semi-structured interviews with members of the Integrity and Finance Committees and content analysis of 27 oversight-related statutes enacted between 2016 and 2024. Findings indicate that parliamentary action has exposed several high-profile corruption scandals (e.g., energy contracts), yet continues to be hampered by slow follow-up procedures, partisan polarization, and limited coordination with independent oversight bodies. The study recommends: (1) increasing transparency of questioning sessions, (2) instituting a digital tracking system for committee recommendations, (3) amending the Council’s Rules of Procedure to impose strict deadlines for governmental replies, and (4) creating an open legislative database enabling civil society and media to monitor MPs’ performance. Implementing these measures would bolster Iraq’s compliance with the United Nations Convention against Corruption (UNCAC) and enhance the legislature’s preventive and deterrent capacities.

The media in general and the security media in particular have been associated with fighting delinquency and crime in society, as the issue of security has become a concern for the human community as a whole. As a result of internal and external disturbances that do not bring peace to humanity, and therefore a person is not reassured about his life, money and family. Security is one of the pillars of society from which it derives its stability and progress.
Since the media have an effective and significant role in creating public opinion and trends among members of the community, which means that the individual within the community is affected by the various media, and in the formation of his trends, aspirations, opinions, cultural influence and the formation of ideas towards a specific topic, whether positive or negative. Hence, this research came to shed light on the concept of security media and then identify the most important factors that led to increased interest in this field and its role in spreading societal awareness that the issue of security awareness as a societal issue is not limited to security only, but is the responsibility of everyone

This study aimed to identify the role of the media in combating the phenomenon of societal terrorism (tribal bench as a model), through the use of the descriptive approach. The study was applied to a multi-stage cluster sample to collect data from the Iraqi public. The study sample amounted to (288) individuals, males and females. The researcher used the questionnaire tool to collect and analyze information and reach the study results.The study reached a number of conclusions, including that the role of the media was positive in reducing the phenomenon of tribal violence from the point of view of the respondents, and that it contributed to mobilizing the public to stand against tribal violence, in addition to its stance against outdated customs and traditions that conflict with the noble values of society. The results of the study showed that the media played an effective role in spreading security awareness in society

This research analyzes the topic of authorization for search and surveillance, focusing on its legal nature and the regulatory frameworks across comparative legal systems, with particular emphasis on safeguarding individual freedoms and privacy. The study affirms that although this right has been highlighted more recently in positive laws and international conventions, its foundations are deeply rooted in divine laws, which were the first to protect human sanctities and individual privacy in daily life and personal matters.
The late 18th and early 19th centuries witnessed major developments, most notably the issuance of the American Declaration of Independence (1776) and the French Declaration of the Rights of Man and of the Citizen (1789). These documents emphasized the sanctity of private life and the individual's right to protection from unauthorized surveillance. In the Arab context, the Iraqi Constitution of 2005 prohibits surveillance unless ordered by a competent judge for legal and security reasons. Likewise, the 2014 Egyptian Constitution affirms the inviolability of private life and prohibits surveillance without a time-limited judicial order under specific legal conditions.The significance of this study lies in defining the concept of search and surveillance authorization and evaluating the legal protections available—whether they are absolute or subject to exceptions. The research addresses the growing technological threats to privacy and the legislative shortcomings in regulating surveillance, which may lead to violations of personal freedoms.The study adopts an analytical and comparative methodology and addresses the subject through two sections: the first explores the legal nature of the authorization, and the second focuses on the competent authority to enforce it. The research concludes with key findings and recommendations

China is a major economic power that seeks to preserve its interests, as well as consolidate its role as a major power in the new international order, by pursuing a foreign policy based on the principle of peaceful coexistence in an attempt to reshape the current international system led by the United States of America into a multipolar system, with China being one of these poles. In addition to consolidating the principle of justice and equality away from the policy of blocs and axes that existed during the Cold War, this can be done by activating the role of the United Nations in an effective manner, away from the control of any state. China possesses the economic, military, technological, human and geographical qualifications that enable it to defend the strategies and policies pursued by Beijing in the economic, diplomatic and military fields as well as multilateral relations. China also has the power to strengthen its position within the international system in the future.