Ninevah Journal for Legal Studies

There is no doubt that the composition of the legislative authority varies from one country to another. This variation is due either to the nature of the political system adopted by the state or to the nature of its societal structure. Based on this, regulating the legislative function between the two chambers of parliament in a federal state is one of the most important tasks incumbent upon the constitutional legislator, who must—in organizing the legislative function at the level of the entire state—take into account the nature of the political and societal realities within it. The research aims to shed light on the most important federal constitutional experiences that have demonstrated the constitutional balance between the two chambers of parliament in exercising the legislative function. It also aims to demonstrate the constitutional necessity of establishing the Council of Federation in Iraq. The importance of this research lies in highlighting the philosophy of balance between the two chambers of the federal parliament in exercising the legislative function, whether through proposing, discussing, or voting on draft laws. The research relies on the analytical and comparative approach, through analyzing the constitutional texts related to the research topic and comparing the positions of the constitutions under study. The research included three sections. The first dealt with the nature of bicameralism, while the second dealt with the balance between the two houses of parliament in exercising constituent powers. The third dealt with the balance between the two houses of parliament in legislating ordinary laws. The research came out with a number of conclusions, the most important of which is that the comparative constitutions, in the United States of America, the Federal Republic of Germany, and the Swiss Confederation, clarified all matters related to the two houses of parliament in terms of the procedures for formation, the number of members, the term of membership, and the powers enjoyed by each of them. In contrast, the Iraqi constitution did not organize the Federation Council constitutionally.

Countries agree that terrorism is a problem that conflicts with the state\'s will to spread security, stability and peace throughout its territory. Terrorism also conflicts with the traditional rights of individuals and economic and societal development, as it aims to undermine the values associated with security and cooperation within the framework of the state itself or with other countries. We hardly find a state that agrees with terrorism. Rather, countries agree, under their various legislations, to reject terrorism, regardless of its nature. Countries contribute, through their various legislations, to confronting and addressing terrorism, as well as addressing the factors that lead to the creation of conditions that perpetuate terrorism. Countries, under their legislations, work on a coordinated approach that ensures the reduction or combating of terrorism, including intellectual terrorism, as intellectual terrorism is one of the most important problems that conflict with the freedom of individuals in their intellectual security. Intellectual terrorism, as is known, is one of the most rapidly spreading types of terrorism, as its spread is due to factors that help it spread. These factors are represented by the media or the various means of publicity, those mentioned in the Penal Code. In Iraq, its effective constitution of 2005 has strived to confront terrorism in all its forms. All of them, including intellectual terrorism, and this task was assigned to the administrative control bodies to carry it out, and the matter did not stop at the limits of the constitutional text, but moved to the regular legislation to take its way in the objective penal rule, its role in confronting and combating this type of crime, and we can find this concept in the general penal legislation and some of the special penal legislation that organized the confrontation of intellectual terrorism, and this research with the ideas that it will include addresses the role of the state through the constitutional rule in confronting intellectual terrorism and the extent of its success in this confrontation, as it also addresses the general foundations of assigning this task to the criminal legal rule in confronting the problem of intellectual terrorism

This study analyzes the principles of peaceful coexistence in national constitutions, highlighting their role in building the rule of law and sustaining peace, especially during transitional periods marked by weak institutions. It aims to evaluate the effectiveness of both temporary and permanent constitutional texts in ensuring societal coexistence, through comparative analysis and an assessment of the legal context in Iraq, leading to proposals that support a more coherent legal framework. The study’s importance lies in framing coexistence principles within a legal structure that connects constitutional and legislative levels, underscoring the need for their alignment to achieve stability. The adopted analytical method involves examining legal texts and their content, supported by comparisons to explore differences in constitutional models. The research is divided into three parts: the first addresses transitional constitutions; the second, permanent constitutions; and the third, national laws and institutional roles. The study concludes that the success of legal coexistence depends on the integration and clarity of texts and the presence of active institutions that enforce these principles effectively.

Administrative decisions are one of the most important methods used by the administration to carry out its administrative functions. While exercising its activities, with the aim of achieving the public interest, the administration may commit some errors and withdraw its decisions that are tainted by a defect of illegality. The research aims to highlight the legal and judicial controls and restrictions required by the public interest in withdrawing administrative decisions, and to identify the extent of the public administration\\'s freedom to withdraw its legitimate and illegitimate decisions. This research raises many questions, the most important of which is: What is the legal basis upon which the administration withdraws its administrative decisions, and the extent to which it is permissible to withdraw its decisions, whether legitimate or illegitimate? This prompted us to clarify this topic to understand the mechanism for withdrawing administrative decisions, while respecting the controls and restrictions imposed during withdrawal. The research adopted the analytical and comparative approaches to analyze various legal aspects. The research was divided into two main sections. The first dealt with the nature of withdrawing an administrative decision, while the second section dealt with the administration’s authority to withdraw its administrative decisions. The research concluded with a conclusion that included a number of conclusions, the most important of which is that withdrawing administrative decisions entails the cancellation of all effects arising from them, whether those that resulted in the past or the future.

The idea of the research is to study the preventive penal protection of homeless juveniles by analyzing legal texts and legislative and judicial measures that seek to prevent this group from delinquency and delinquency. The research aims to demonstrate the adequacy and effectiveness of the preventive measures prescribed in Iraqi legislation, and to compare them with comparable laws, in order to propose practical solutions to address shortcomings and enhance the protection of homeless juveniles. The importance of the research is evident in the fact that it addresses one of the contemporary humanitarian and criminal issues, as homeless juveniles constitute a vulnerable group at risk, and their protection depends on the ability of the legal system to provide effective protective measures. The research relied on a descriptive and analytical approach by studying the legal texts related to the protection of homeless juveniles, supported by a comparison with Arab and French legislation, and analyzing the practical application in light of the judicial and executive reality. The research included the theoretical framework of the concept of preventive protection for homeless juveniles, then the legal organization in Iraq and its comparison with other legislation, and finally a discussion of the effectiveness of protection and the guarantees of its implementation in practice. The research included a number of conclusions, the most important of which is that Iraqi legal texts in the field of preventive protection, although they are consistent with the modern trend in criminal thought, their effectiveness remains limited unless they are accompanied by institutional mechanisms and practical programs that ensure actual implementation.

The issue of methods for addressing the public budget deficit is one of the important topics that seek to reduce the scale of the deficits affecting the general budget. A budget deficit occurs when public expenditures exceed public revenues. This study aims to verify the research hypothesis by answering the questions raised in the problem statement, focusing on understanding the concept of the public budget deficit, its types, as well as identifying its causes and risks in order to determine possible solutions for addressing the budget deficit in Iraq during the years under study. The significance of this research lies in its focus on analyzing Iraq’s public budget deficit for the years 2023–2024–2025, compared with previous years under review, due to the critical economic, social, and political implications of the issue. The study adopts both inductive and analytical approaches, interpreting data in light of economic theory, while also relying on an examination of the legal texts contained in the General Budget Law and the Federal Financial Management Law. Based on this study, it can be seen that the public budget deficit has a number of underlying causes, political, economic, social, administrative, and military in nature. Iraq specifically suffers from the expansion of public employment, widespread administrative and financial corruption within state institutions, tax avoidance, and structural deficits within the financial and banking system.

Judicial judgments are formulated by the judge and are influenced by his personality, as well as his knowledge of law, jurisprudence, judicial practice, and his understanding of society. These judgments represent judicial reasoning, safeguarded against appeal. Commentary on judicial judgments is regarded as a branch of applied theoretical studies that involves monitoring, analyzing, interpreting, and evaluating judgments, in addition to characterizing the facts and identifying the legal issue in order to reach a legal solution to the case. Such commentary is conducted through a theoretical and applied study based on a scientific, analytical, and doctrinal methodology, precisely regulated by specific terms and conditions. It proceeds in two stages: the first is preparatory, consisting of formal, substantive, and judicial analysis; the second is drafting, consisting of the discussion and evaluation of the judgment, with the aim of teaching the research subject and restricting commentary to specialists.

Iraq has been dramatically affected by administrative corruption, especially in its governmental institutions, since 2003. There is a widespread debate in the literature on the impact of corruption on various aspects of state institutions, as it can lead to the abuse of power by decision makers, which leads them to deviate from the legal frameworks specified to achieve personal interests. This article emphasizes administrative corruption as one of the most dangerous forms of corruption that impacts the effectiveness of public offices. It relies on analyzing the data provided by independent government agencies and international organizations, with the aim of reviewing corruption cases in Iraq and evaluating the supervisory measures taken by these bodies to confront them. In addition, the judicial rulings issued against the convicts are highlighted to provide a comprehensive understanding of the efforts made in addressing this phenomenon. The findings indicate that, the complex nature of administrative corruption in Iraq, where influential personalities manipulate, whether they are part of the job system or outside this system, with administrative decisions that serve their personal or partisan interests instead of achieving the public interest, which weakens the ability of institutions to achieve their goals. Treating this issue requires a comprehensive treatment, starting from the highest levels of government and extension to all sectors of society, with a genuine commitment to eliminating corruption through concrete and practical measures.

This commentary aims to highlight the key procedural and institutional transformations introduced by the Rules of Procedure of the Federal Supreme Court No. (1) of 2025, with a brief reference to its 2022 counterpart, in order to facilitate specialists’ access to the points of development in constitutional litigation procedures in Iraq. The analysis is grounded in the governing legal framework (the Constitution and Law of the Court No. 30 of 2005), particularly Article (9) of the law, which authorizes the Court to issue rules of procedure regulating workflow and procedures—a mandate reaffirmed in the preambles of both the 2022 and 2025 Rules of Procedure through reference to Article (9) of the Court’s Law.

Target Audiences:
The book is intended for Master's students in Law, candidates for recruitment exams for various administrative ranks (chief administrative officer, central administrative officer) within the civil service, administrative judges, judicial bailiffs, the CRFPA (Certificate of Competence in Law) entrance exam, training programs for judicial police officers, and others.
Book Content
According to the publisher's description, the book covers the full scope of administrative disputes before the administrative judiciary (le juge administratif), from the initiation of a lawsuit to the procedures for its conduct, up to the criteria for establishing a judgment, and then the foundations and means of judicial appeal, on the one hand, and the methods of voluntary or compulsory enforcement of the judgment, on the other.

Parliamentary investigation is a central tool in any democratic system, through which representatives of the people seek to establish political accountability against the executive branch represented by the government, with the aim of exposing corruption and ensuring transparency. It is the primary oversight tool in both ancient and modern democratic systems, enabling parliament to hold the government accountable and ensure transparency and integrity in the performance of its constitutional and legal duties. The Iraqi Council of Representatives is the body authorized to form temporary or permanent parliamentary investigation committees. Practical reality demonstrates that this constitutional oversight mechanism suffers from a clear weakness in effectiveness and implementation. Hence, it is important to study parliamentary investigation committees in Iraqi Council of Representatives and compare them with other countries that follow a parliamentary system of government, such as Kuwait, and the United Kingdom. This is aimed at identifying shortcomings and deficiencies, and providing appropriate recommendations to address them and improve their performance to achieve the objectives for which they were established.