AL- Mouhaqiq Al-Hilly Journal for legal and political science

The research highlights the role of the constitutional judiciary in protecting women\\'s representation in elected councils, based on the principle of equality and the establishment of quotas as a mechanism to ensure women\\'s participation in political life. The constitutional judiciary has constituted an effective oversight authority against any legislation or practices that undermine this representation. Through its decisions, it has contributed to supporting women\\'s presence, considering their representation not merely a privilege but a constitutional right that must be protected. It also emphasized that quotas do not violate the principle of equality, but rather translate its actual content. Thus, the judiciary has strengthened the position of women as a fundamental component of the democratic system.

The function of administration is generally focused on meeting the needs of citizens in order to achieve the public good. Administrative control is one of the aspects of the administration's activities through which it directly intervenes in the individual freedoms of individuals.
Administrative control in correctional institutions is one of the most important factors upon which the functioning of these institutions depends, given the population they house, some of whom may be dangerous, while others require programs to reintegrate into society. This necessitates the presence of an administrative body tasked with maintaining order in these institutions.

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The decision to reject the complaint is one of the fundamental decisions stipulated in the Iraqi Criminal Procedure Code No (23) of 1971, which is taken by the investigating judge or the subject court, Its importance is equal to the rest of the other fateful decisions in terms of the difficulty of taking it, as the texts of this decision were not stable in one context, including what was stated in Article (130/A) of the Code of Procedure, rejecting the complaint and closing the case, and what was stated in Article (181/A) of the Code of Procedure, rejecting the complaint only, and also the legislators use of the decision to reject the complaint when waiving and reconciling, but these procedures were in accordance with the law, so there is no violation of the legal conditions that require rejection.

The constitutional judiciary is a pillar of justice and a foundation for societal peace. Its goal is to protect rights and freedoms against forms of discrimination that undermine or restrict their exercise, as it serves as a means of establishing equal protection without discrimination between similar legal positions. The judiciary often strives to implement the principle of equality in a practical and realistic manner, becoming an integral part of the administration of public service. The body monitors the application of laws and administrative policies to ensure procedural fairness and equal opportunities for all citizens. This effective judicial role enhances confidence in government institutions, affirms the state's commitment to constitutional and legal values, and makes equal opportunity in public service a binding standard and a tangible reality, rather than merely a constitutional provision.

This research examines the controls governing the relationship between the Head of State and the Prime Minister in the parliamentary system, particularly in the area of no confidence and the vacancy of the position of Prime Minister. The parliamentary system is based on the principle of balance and cooperation between authorities. Executive authority is represented by the Head of State and the Ministry. The powers of the Head of State are subject to constitutional restrictions that require the approval of the Prime Minister or the relevant minister. The Ministry is accountable to Parliament. Although the 2005 Constitution of the Republic of Iraq adopted this model, it granted the President of the Republic broad powers that disturbed the supposed balance, which requires reorganizing this relationship constitutionally in a manner consistent with the principles of the parliamentary system

This study examines the impact of artificial intelligence on documentary crimes in accordance with the Iraqi Law on the Preservation of Documents No. 37 of 2016. It highlights documents as a national memory and a legal, political, and security reference for the state. The study explains the dual nature of artificial intelligence as both a means of facilitating documentary crimes and a tool for detecting them. It also discusses the extent to which current legal texts are capable of keeping pace with modern digital transformations. The study adopts an analytical and descriptive methodology to link legal texts with technological reality. It concludes with the necessity of developing legislation and enhancing the use of artificial intelligence to protect documents and safeguard national sovereignty.

This research provides a legal and philosophical analysis of the use of disguised explosive devices in armed conflicts, focusing on the case of wireless device bombings in Lebanon. It explores the conceptual and legal framework of such means under international humanitarian law and international criminal law, examining the liability of states and individuals, and assessing whether such acts may constitute war crimes or crimes against humanity. The study discusses the impact of these weapons on the principles of distinction and civilian protection, drawing on field evidence and international legal practices. It concludes with proposals for legal and preventive measures to enhance accountability and deterrence, calling for the development of international legal instruments to address the deceptive and technological nature of these new forms of warfare.

Most, and perhaps all, tax legislations are keen to give the taxpayer the right to challenge the decision of the financial authority regarding the amount of tax imposed on him through what is called an administrative objection or appeal before the tax administration, before he takes his case to the courts, because this saves time and effort, reduces expenses, and speeds up the resolution of the dispute from its beginning.

There is no doubt that electronic signatures have become highly significant in the legal reality, as they are considered the legal tool by which an act is attributed to its owner. Therefore, it is necessary that this signature explicitly guarantee the validity equivalent to that of a traditional signature. In addition, the novelty of this signature requires the establishment of several important rules related to it, whether these rules are substantive or procedural. Otherwise, the fate of this signature would be nullity, especially since there are some obstacles that lead to this nullity, whether they are material or legal. The essential issue raised in this context lies in clarifying the position of the Iraqi legislator regarding the regulation of cases of electronic signature nullity within the legal framework provided in the Electronic Signature and Electronic Transactions Law No. [78] of [2012]. Have these cases been specified exhaustively, and does the stance of both the French and Egyptian legislators differ from that of their Iraqi counterpart? In response, we have detailed the rules governing electronic signatures and the cases of their nullity on one hand, and their validity and the obstacles them on the other.

Artificial intelligence, with its tools and applications, falls into the category of replacing humans. As a result, this replacement leads to the infringement of human rights. Regardless of the consequences, manifestations, and even scope of this replacement, the body responsible for human rights should not stand idly by in the face of these risks resulting from the infringement of human rights. This highlights the role of research in examining the impact of artificial intelligence on human rights, among the rights affected are political rights and freedoms. The impact of artificial intelligence on some rights and freedoms stems from AI technologies violating democratic practices, while its impact on political freedoms arises from AI restricting the rights to freedom of expression, thought, and peaceful assembly. Artificial intelligence technology and its impact on human rights is an undeniable reality, necessitating the formulation of a new human rights covenant and the establishment of regulatory bodies tasked with monitoring the application of the ethics and safeguards of artificial intelligence alongside relevant laws.

This study aimed to reveal the role of economic sanctions as a mechanism for generating political influence in international relations, and the extent to which these sanctions succeed in consolidating political influence and its international limitations. The study concluded that economic sanctions contribute to generating political influence by transforming economic pressure into domestic political costs that affect the choices of ruling elites and their negotiating behavior in the international arena. However, the success of economic sanctions in consolidating political influence remains limited and depends on the nature of the political system of the targeted state, the level of international coordination, and the targeting of decision-making centers. Furthermore, these sanctions may produce adverse political effects, such as strengthening the cohesion of ruling elites, deepening international polarization, and the emergence of counter alliances that limit the effectiveness of sanctions as a tool for political influence.

There is no doubt that intellectual extremism is a topic of great importance due to its profound impact on the security of societies. The study of intellectual extremism and its causes has become increasingly significant worldwide, especially in countries suffering from the dangers of extremism leading to terrorism and violations of human intellectual rights, including the right to belief and religious orientation .this phenomenon has expanded in recent periods, causing devastating social effects that persist to this day, particularly in some Arab countries Therefore, addressing the danger of intellectual extremism should in no way lead to violations of individual rights and public freedoms, as these are fundamental human rights. There must be constitutional and legal mechanisms in place to combat intellectual extremism without infringing upon public rights and freedoms, ensuring that such measures adhere to sound and correct legal principles.

Terrorist groups' financing methods vary depending on the specific type of terrorism they engage in. However, it can be said that there are two main avenues that terrorist financiers rely on to provide these groups with the funds they need to carry out their criminal activities: institutional and non-institutional sources, in addition to terrorist financing based on economic criminal activities. There is no doubt that some terrorist groups receive financial support from foreign states and entities. This type of support represents the lifeline that enables them to continue their activities, maintain their presence, and purchase the weapons they need for their terrorist operations. A United Nations report, specifically issued by the Security Council, stated that most countries have begun assessing the risks associated with terrorist financing.

A state seeking democratic transformation works to balance social justice with the maintenance of social peace. So it actively corrects the past course and corrects the past epochs effect by correcting the shortcomings that are inherent in the system. It also works to create an institutional society and a legal system based on individual enjoyment of the rights and privileges of a democratic system. Respect for the rule of law in the state is also called transitional justice. Transitional justice is not easy to achieve because it marks a turning point in the reconstruction of a state and can not properly be achieved. unless there is a set of data and road map based on consensus among the components of society Transitional justice must have a Government that enjoys both legal legitimacy and societal consent. in order to achieve this, the transition from one system to another must not result in the loss of rights to various components, because they are the foundation of the state, on which democratic transitions have been based.

This research studies and analyzes the impact of legislative drafting defects in criminal texts, through an applied comparison between the legal systems in Iraq and Egypt, and highlights how ambiguity, contradiction, repetition, and inconsistent exceptions in criminal texts lead to disruption in judicial interpretation, disparity in rulings, and violation of the defendant’s guarantees, This threatens criminal justice and weakens the effectiveness of the state\'s penal policy. The research also shows that these flaws are not limited to the technical aspect of the drafting, but extend to the institutional and cultural structure of the legislation, The legislative process in both Iraq and Egypt faces challenges that affect its effectiveness, despite the differences between the two systems, highlighting the need for a comprehensive legislative review to ensure accuracy and consistency with the constitutional framework.

The research examines the predictive capacity of artificial intelligence technologies in the field of crime prediction, by clarifying their role in supporting preventive efforts to combat crime, while addressing the legal and ethical challenges they raise that affect human rights and the guarantees of criminal justice. The study focuses on the impact of these technologies on criminal procedural rules, particularly the presumption of innocence, personal liberty, the right to privacy, and the inviolability of the home, as well as the risks of bias and error inherent in data and algorithmic systems. It also highlights the implications of using artificial intelligence for substantive criminal law, especially the principle of legality, as unregulated reliance on algorithmic predictions may lead to criminalizing probability rather than conduct. The research concludes by emphasizing the necessity of subjecting criminal prediction to strict legal and ethical controls based on the Iraqi Constitution and applicable legislation, in order to achieve a balance between security requirements and the protection of rights and freedoms.

Young children are the foundation and core of society. They have several important rights to protection from harm until they reach an age where they are physically, mentally, psychologically, and socially capable in their environment. During this period, from birth until the age of nine, a child is entirely dependent on their parents or guardians for the necessary care required to ensure their survival. Any deliberate deprivation of their right to care jeopardizes their survival and life. Therefore, the Iraqi legislator has criminalized the deprivation of a child from the necessary care required by their condition, as stipulated in Article (371) of the Iraqi Penal Code No. (111) of (1969), as amended, which states: "Anyone who is legally or contractually obligated to care for a person incapable due to their young age, old age, or physical, psychological, or mental condition, and who refuses without excuse to fulfill their duty, shall be punished.

This study aims to clarify the intellectual and legal foundations that prompted the legislators of the examined legal systems to classify the rules of the decennial liability as provisions of public order that may not be contravened. It further analyzes the philosophy behind this legislative approach in construction contracts, through a perspective that reflects the relationship between preventive justice and the protection of both private and public interests .Using a comparative analytical method, the research examines the philosophical basis of the concept of public order and its impact on regulating contractual relationships.