Journal of Juridical and Political Science

This research aims to shed light on the prevailed legal idea, and then review the deviation committed by violating this idea, including both by the legislature or the executive authorities , and state the penalty resulting from this violation. As we found that the constitutional foundation for some of the concepts and procedures of the three powers and their specializations will be clear and unambiguous. However, determining the concept and limits of the prevailed legal idea is a thorny matter being unapparent and must be searched for in the constitutional provisions explicitly and implicitly. Thus, we are raising such topic to be addressed under the Constitution of the Republic of Iraq in 2005.

In 2014 Ukraine witnessed a number of important events, which were finished with removing the Ukrainian President, and the appointment of a new pro-West president, which was considered by Russia as a violation of its interests. Therefore, it supported the separation of Crimea from Ukraine and joining Russia, on one hand. On the other hand, the European Union and the United States of America considered Russia's support to Crimea and joining Russia unacceptable which requires supporting the new Ukrainian president. This led the United States and the European Union to impose sanctions against Russia in order to impact the Russian attitude forcing Russia to give up its attitude. However, Russia, in return, imposed sanctions against the United States and the European Union, to emphasize its attitude showing that it is not affected by the sanctions imposed on it.

Since the declaration of the Islamic Revolution in Iran in 1979, Iran consider the United States as a Great Satan. Therefore, the general status of the relations between both parties was overwhelmed by hostility and mutual mistrust. A status had been lasted entirely till 1991, and partly till 2003. As the US occupation of Iraq was as a sign of unprecedented cooperation between the United States and Iran. However, American strategy towards Iran remained cautious, especially with the outbreak of the Iranian nuclear program crisis that emerged after finding out that Iran\'s building for two nuclear facilities which have not been authorized by the International Atomic Energy Agency. As the crisis lasted until reaching to the famous agreement of 2015 between both parties. The research will discuss the development in US strategy toward Iran, and its relationship with the regional area, the prospects for the future, would the Iranian - American rapprochement have negative or positive consequences? How would it be reflected on the American projects in the region? Would Iran be included or not?

The cultural heritage reflects the identity of individuals and communities, not only for being the past stretch in the present, but also because it represents the economic an active economic, social, and political output in the present societies. Leading to paying attention of various comparative legislation to the necessity of its protection just like the Algerian legislature. Especially with the spread of globalization trends calling for the adoption of the model of modernity and what is beyond. Thus, we are, in this paper, examining the legal mechanisms dedicated by the Algerian legislature for the protection of tangible and intangible cultural heritage threatened by extinction.

In the twenty first century, due to the increasing reliance of developed countries on the Internet networks, and infrastructure's link with these networks. Cyberspace has emerged to form a new dimension and another challenge for the countries. Countries are no longer afraid of attacks that might occur on land, air or sea territory only, but they become alarmed by a new kind of war, a cyberspace war that take the Internet networks and computer as a scene of war. These wars have new effective theaters and arenas that ceased the actual defensive value-border point of view. Furthermore, it legally terminate the relationship between war and peace creating a state of instability and increased state of security disclosure. Which require a reformulation of the concept of security in line with new developments in the concept of cyberspace. These wars has a range of features motivating parties initiating attack using certain types of tools and weapons with special properties that do not need to store and cannot be controlled, reduced or removed just like traditional weapons. These wars are not just scenes of fiction, but they have been applied in reality among nations. World has witnessed cyber space wars that accompanied to with states of an armed conflict, and cyber space war by itself.

The law No. (21) of 2008 was stated to determine the legal status for the non- regionally organized provinces and their legal powers whether it's on the executive or legislative level. However, most of the political powers did not like such law at the national and local level. So, many claims aroused to amend this law. After a long argument over that amendment which was lasted for about four years, the second amendment , No. (19) of 2013, of the non- regionally organized provinces. Yet, this amendment came up with wide powers violating the traditions of administrative decentralized systems which stipulate that the central government has to be authorized with some powers for administrative units to be run by the control of central government provided that those powers should be on the administrative level but not on the political one. Thus, the research is divided into two topics. The first is related to differentiate between the administrative decentralization and the political and federal decentralization and the elements of each of these concepts. While the second is the essence of the research dealt with the legal provisions of the second amendment of the law of non- regionally organized provinces including several items, most notably are:

The legislative point of view.
Censorship and its effectiveness.
In terms of conflicts of competences between the central and the local government.
Provinces' invitation for holding new provincial council.
Drawing public policy.
Type of censorship.
Assigning higher grades in the province.
Allocating lands for projects investment and services.
Reduplication the powers of the executive bodies within the province.
The local government resources' point of view

Since the early 1990s up till the present day, the Islamic-based terrorism has been threatening the entire world. Al-Qaeda, ISIS and many other groups which carry out terrorist attacks in the name of Islam proved that they had the ability to hit in any part of this world. The factors behind the global dimension of the Islamic-based terrorism is the subject of this research. Relying on a number of theories within the field of political science, the research suggests two assumptions about the global dimension of Islamic extremism; 1) the doctrine of jihad, and 2) the great power’s rivalry on the Muslim World. with regard to the first assumption, many Islamic scholars support the offensive jihad as a means by which Islam should be spread all over the world. In regard to the second assumption, many Islamic extreme groups, such as al-Qaeda and ISIS, have been employed by great powers, especially the United States, to achieve specific goals. Accordingly, the Islamic terrorist groups have been provided with both ideological and material support required to spread terror all over the world.

Constitutional Oath often stated out in the core of the constitutions. As the Constitution determines what is a binding within the texts that included. Generally, transferring the texts from the abstract level into the level of reality and being embodied actually is a course stained by a lot of difficulties and obstacles. Although, countries have constitutions and laws that acknowledge and ensure the protection of human rights and freedoms, but there is a lot of ignorance and disregard or violation for many of these rights and freedoms in many countries of the world. Especially, if we know that the human rights' statue in a country is usually associated with the political system. As duality of power and freedom is rooted deeply since the emergence of power. Accordingly, the research's problem, (The impact of the constitutional oath In the protection of human rights and public freedoms), is not targeting a deep research on the being of constitutional oath but it is trying to find kind of a correlation between such oath and the protection of human rights and public freedoms. Through analyzing constitutional oath content including the maintenance and the protection of rights and freedoms from one side and their conformity with what is fixed in the morals of human rights in another side. By identifying the obligations imposed on the oath performer and explaining the legal consequences in the event of violating one's oath in terms of this part of the oath voice. In order to upgrade the constitutional oath and to overcome the difficulties of its application. By means of highlighting strengths and using them appropriately, revealing weaknesses and diagnosis them and finding appropriate solutions to put them on the right course qualified to be an effective way to maintain and protect human rights and public freedoms.

Major developments in the field of Internet and information networks have been accompanied with unique and novel criminal patterns that communities were not familiar with before . They raised massive controversy focused directly on the extent of the flexibility and breadth of traditional punitive legislations to accommodate such patterns. Especially in the procedural aspect that this study shed the lights on concerning the procedural challenges raised by the IT, Cyber, crimes to the extent of admissibility for digital evidence . Especially the data that cannot be reached only by the use of certain techniques and applications under the supervision of experts in this area. Its authenticity depends on the nature of the current judicial system and the discretionary power granted to the judge, and the extent to which system of scientific proof is reliable in Criminal evidence; The problem also raised in the inspection field of virtual digital environment due to the special character of such environment. In addition, the breadth of informatics crime scene to the extent that territorial boundaries are canceled which enforce finding legal solutions to impose an inspection outside the borders of the State's territory; and other challenges are raised out of the fact that cyber crime does not recognize the territorial boundaries for the competence conflict in the event of having the crime happened in any place plugged into the Internet and their impact is realized in other multiple places or by a person or people with different nationalities raising a legal problem in determining the crime scene. Then, the applicable law calling for neglecting the traditional stereotypes and adopting new and innovative legal basis to suit the nature of these crimes.

The environment in which Mr. Mohammed Hussein Fadlallah grew up has a huge role in highlighting his religious, political and intellectual personality. As the social upbringing also has a major role in his character development. He was one of offspring from liberated school worked as a renewal project religiously and politically. Fadlallah particularized by his responsive views and ideas to the pulse of reality which was so evident during the Lebanese civil war. Through his relentless quest for finding appropriate and real solutions to end this war. Furthermore, Fadlallah deeply belived that the Palestinian issue is the (mother issue) in the region and the world; emphasizing that the conflict of Arab - Israeli was not a geographical conflict on the level of Palestine only, but It is an Arab, Muslim conflict as well; and that Israel has mutual interests relations with the West serving the two parties on account of the Palestine, Arabs and Muslims; and that the nature of US policy toward the region is to preserve the security of Israel and its protection, and to try to encircle the resistance movement; as well as the terrorism that arrogant powers made to flood the region with a host of religious, political and intellectual complexity.

The maladministration of the Coalition Provisional Authority in its duty, with respect to its failure to take steps to prevent financial criminal activities, led to the generation of illegal funds in occupied Iraq. This maladministration, and consideration of possible methods for depriving criminals of those funds and recovering them for the Iraqi State, remains largely unexplored by the literature. This thesis addresses this gap by first, establishing the maladministration of the Coalition Provisional Authority to meet its obligations as an occupying administration, and second, proposes mechanisms to deal with the problem and recovery of corruptly obtained funds during the Coalition Provisional Authority’s tenure. It is argued that the Coalition Provisional Authority did not take proper and feasible measures in order to prevent financial criminal activities. This maladministration led to the widespread propensity in criminal activities that generated vast amounts of illicit money in occupied Iraq. This thesis has two Parts. Part One explores the problem of the maladministration of the Coalition Provisional Authority of its duty to prevent financial criminal activities (that generated substantial amounts of illicit funds). It examines the state of military occupation of Iraq, and the duty upon the occupant to create the Coalition Provisional Authority. It demonstrates that there was a duty on the Coalition Provisional Authority to take affirmative steps to prevent financial criminal activities. It considers certain types of financial criminal activities that generated illegal funds, and shows how the Coalition Provisional Authority failed to prevent those activities. In light of the huge amounts of illegal funds generated, Part Two offers solutions for their recovery by examining the feasibility of the criminal forfeiture of corruptly obtained funds generated in Iraq territory and found in US territory; and by showing that civil action is the best alternative mechanism for recovering Iraqi funds that disappeared as a result of corrupt activities during the Coalition Provisional Authority’s tenure.