Journal of Juridical and Political Science

This study examines the extent of citizen participation in lawmaking and policymaking in Egypt and the degree to which these legislations align with principles of social justice. The study is based on Jürgen Habermas’ Theory of Communicative Action, which posits that the legitimacy of laws is achieved through public deliberation and societal participation.
The study provides practical recommendations, including activating participatory legislative forums, employing digital platforms, publishing draft laws for public review, and engaging civil society and marginalized groups in the legislative process. Additionally, the study suggests research and scientific frameworks for further exploration of the relationship between public participation and social justice.

Ignorance of the law is a serious violation of the law, and the knowledge that leads to it is considered a crime, not a permissible act. Ignorance of the law, when committing a criminal act, leads to the prohibition of ignorance of the law, which is considered an essential element of the crime. Knowledge of the law leads to the intent to commit a crime, and ignorance of the law can lead to the execution of the crime. Ignorance of the law can lead to the execution of the crime, and the perpetrator cannot commit any wrongdoing. The Iraqi law, in particular, adopted a rule for applying knowledge of the law and stipulated that ignorance of the law is not an excuse. The purpose of enforcing these laws is to provide basic public protection, maintain security and stability, and is entirely consistent with what is enacted through knowledge of governmental laws.

The study addressed the issue of climate change as an important environmental issue, scientific fact, and global problem involving complex interactions related to global warming, energy production, and the scarcity of potable water, as well as its impact on human health. The study aimed to identify the implications of climate change on sustainable development by highlighting the relationship between the two. It adopted an analytical-descriptive approach by reviewing and analyzing the literature dealing with its variables, starting from a central question: how does climate change affect the achievement of sustainable development goals? The study concluded that climate change poses a major challenge to the achievement of sustainable development goals due to its negative repercussions, whether social, economic, or environmental.

The privatization of war is a relatively new idea. It is based on a new strategy for managing wars by many countries, based on fighting with the smallest possible number of regular soldiers, while entrusting logistical and some intelligence tasks to private military and security companies. This aims to reduce the increasing military spending of regular armies and alleviate the burden of human losses, which are widely rejected by public opinion. Furthermore, there is the advantage of utilizing the extensive capabilities and combat experience of private companies to achieve war objectives. Despite these advantages, the negative side of the work and activity of private military and security companies is their failure to adhere to the rules of international humanitarian law in conflict zones due to the lack of international agreements regulating their cross-border activities. These companies often impose their agendas and conditions on the governments in which they operate, particularly weak ones, and impose military plans that align with their own objectives. This contradicts the sovereignty of states, as the entity that monopolizes the use of violence.

This research explores the creative role of constitutional judges in interpreting and developing the constitution in light of modern constitutional transformations. It highlights how constitutional judges respond to new challenges facing political and constitutional systems and how they can reinterpret constitutional texts to keep pace with changing realities. It also focuses on the role played by the constitutional judiciary in reshaping the legal system by developing constitutional principles to address political and social changes .

This study addresses the legal implications of the cyclical effect on current accounts. This effect occurs when a debt entered into a current account loses its characteristics and elements upon entry, thus eliminating the debt and its legal basis. A new debt then appears after the final accounting process at the closing or termination of the current account, and this new debt is subject to the legal provisions governing current accounts.
Therefore, this study aims to clarify the concept of the cyclical effect of payments in a current account by explaining the legal classification of the idea of transferring a payment in a current account, which has resulted in a different form from the original entry. It also examines the positions of legal scholars, jurisprudence, and laws regarding the cyclical effect of payments entered into a current account. Furthermore, it explores the consequences of these payments being included in the current account by outlining the legal implications of the principle of the cyclical effect of payments in a current account. Finally, it identifies the exceptions to this principle.
This study also examines the legal implications of the cyclical effect of payments in a current account. This study concluded that the novation effect on a current account is a legal effect resulting from the mutual agreement of two parties, creating a new obligation in place of a previous debt. This new obligation differs from the previous one in any of its various elements, such as its nature, subject matter, or source. Therefore, any change in the identity of the creditor or debtor constitutes novation. This is supported by the legal framework for the transfer of payments in a current account, which has been the subject of several theories. Some attribute it to the theory or practice of set-off, while others base it on the classical theory that adopted the concept of novation, a concept widely accepted in legal scholarship and jurisprudence.

The wage in a contracting contract is usually determined by agreement between the two parties or in accordance with what is stipulated by law. It may not be modified after the agreement except in exceptional cases specified by the legislator. The legislator may grant the judge the authority to modify the subject of the contracting contract when exceptional circumstances exist that justify such intervention, with the aim of restoring balance between the terms of the contract and the requirements of justice. Correcting the economic imbalance that may arise as a result of unforeseen circumstances after the conclusion of the contract that affect the financial basis of the contract. In such cases, the judge intervenes to adjust the wage to reflect the urgent economic circumstances. He may also, if necessary, temporarily suspend the implementation of the contract until the force majeure that prevented implementation is removed.

The capabilities of major powers and their political projects grant them a distinct status within the international system. These states possess relatively considerable flexibility in implementing their political and security agendas, and they also maintain comparatively extensive networks of relations and alliances. Such powers control most aspects of existing international interactions and shape the future dynamics of the global order.
In recent years, the world has witnessed accelerating transformations across various domains—political, security, economic, technological, and cultural. These transformations have begun to influence the standing of major powers, enhancing the influence of some while contributing to a limited decline in others. The United States, for instance, has experienced a degree of relative decline, whereas China has advanced in both capabilities and global stature.
This study will address several themes, including how major powers formulate their global strategies and the mechanisms by which these strategies are implemented. It will also examine selected case studies, most notably those of the United States, China, and Russia.
The inquiry concluded that the major powers play an amplified role in reshaping the international order. These states possess strategic flexibility in adjusting their policies and strategies to confront global transformations, at a time when geopolitical competition among great powers intensifies. Such states rely on a broad array of instruments in formulating their policies, including their possession of multifaceted power and alliances.

Criminal judgments may contain some factual or legal errors. Therefore, most national laws stipulate other guarantees, including the principle of multiple levels of litigation. Through this research, I reached the most important conclusions, including: Appeal is the only way to achieve the principle of multiple levels of litigation. However, the Iraqi legislator has completely abandoned the principle of appeal in criminal judgments. I concluded with the most important proposal, which is to cancel paragraph (2) of the explanatory memorandum of the same law and amend Book Four of it, entitled (Methods of Appealing Judgments), by adding a new chapter entitled (Appeal).

The research addresses the legal framework of civil liability of the controller and the processor in cases of violation of individuals’ informational privacy. It analyzes the general rules of civil liability and compares them with the legal provisions contained in personal data protection laws. The study reveals that the European legislator has adopted a conditional liability system, whereby the controller’s liability is established in specific circumstances and under particular conditions. Moreover, the data subject is granted the right to claim compensation for any material or non-material damages resulting from an infringement of his or her personal data. The research further concludes that personal data protection laws have clearly defined the obligations of both the controller and the processor, and that any breach of these obligations gives rise to liability and entitles the injured party to compensation. Additionally, these laws impose certain penal sanctions, such as imprisonment and fines, on both the controller and the processor in cases of non-compliance with their legal obligations.

The international community has demonstrated significant interest in the issue of international watercourses, convening numerous conferences and seminars to propose frameworks for a unified legal regime governing the utilization and management of this non-renewable natural resource. In this context, the United Nations Economic Commission for Europe (UNECE) spearheaded the drafting of an international water convention, culminating in the “Convention on the Protection and Use of Transboundary Watercourses and International Lakes of 1992”. Initially regional in scope, the convention was subsequently amended to acquire a global character, allowing all UN member states to accede to it.
The research problem lies in identifying the mechanisms for achieving equitable utilization among riparian states in accordance with the aforementioned convention. This study aims to explore pathways toward Integrated Water Resources Management (IWRM) as stipulated in the convention's provisions. Adopting an analytical methodology to examine the legal substance of the articles, the study concludes that the convention constitutes a legally binding instrument for its parties. Accordingly, the study recommends the establishment of an independent, joint neutral commission comprising all riparian states of the Tigris and Euphrates rivers to ensure the integrated and sustainable management of these two watercourses.

An employee is entitled to his full salary, as determined by the Iraqi legislator, while on leave of absence, unless otherwise stipulated. However, the legal texts merely mention the phrase "full salary" without precisely defining its components. This has led to a discrepancy in its interpretation between the Ministry of Finance, which has limited the entitlement to the nominal salary, fixed allowances, and variable allowances for only one month, and it is cut off if the leave period exceeds that, and the State Council, which has not settled on a unified approach. Sometimes it supports the position of the Ministry of Finance, and at other times it expands the scope of entitlement to include variable allowances for the entire duration of the leave of absence. It is understood from the nature of the legal texts and the legislator's intentions that the full salary includes the nominal salary, fixed allowances, and variable allowances granted by force of law, in order to achieve job fairness and financial stability for the employee. Nevertheless, this discrepancy in interpretation necessitates the legislator's intervention to define the components of the full salary in an explicit text to ensure uniformity of application and avoid discrepancies in its interpretation.

The right to human dignity is one of the important personal rights closely linked to the human personality and is the foundation of all rights, as life cannot be sustained with restrictions, shackles, and the squandering of human dignity. Therefore, we see that the Universal Declaration of Human Rights stated in its preamble: "(Individuals are born free and equal in dignity and rights)." This declaration placed dignity before rights, and this imposes several obligations on states to protect this right. The research was therefore limited to the extent to which relevant international and national legislation are concerned with providing legal protection for the individual's right to human dignity, relying on the descriptive and analytical approach to legal texts, which were somewhat consistent with international agreements, including the Universal Declaration of Human Rights of 1948 and the two International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights of 1966. These imposed an obligation on states to provide legal protection to all individuals through their constitutions or related laws, including the Iraqi Penal Code No. (111 of 1969), the enforced Human Organ Transplant and Anti-Trafficking Law (No. 11 of 2016), and the enforced Iraqi Anti-Human Trafficking Law No. (28 of 2012), and other international agreements and domestic laws aimed at protecting human dignity by prohibiting torture, inhuman, cruel, or degrading treatment that violates human dignity, or exposure to the human body or corpse, or their conscription, or assault, or forcing them into compulsory labor.

A parliamentary question is an individual oversight tool available to a member of parliament. It allows them to direct an inquiry or clarification to the Prime Minister or a minister regarding a specific incident or action within their jurisdiction. Its most significant advantage is its straightforward form and procedures. When used effectively, it can expose shortcomings in government performance by compelling the government to provide accurate and transparent information to the public. Furthermore, it paves the way, if necessary, for more stringent oversight measures such as interpellation or a vote of no confidence. Therefore, the parliamentary question serves as the cornerstone for building an effective parliamentary oversight system. To achieve this, the constitutional and legal framework governing it must be reviewed to ensure short, binding deadlines and clear penalties for delays or non-compliance.

Philosophical thought is a factor in developing and evaluating laws. In this context, labor law should contribute to finding solutions to the phenomenon of unemployment. This will reduce the number of unemployed individuals, which in turn will curb crime. An individual engaged in a specific job is preoccupied with its completion to secure a wage, thus leaving little room for criminal inclinations, as their income is sufficient to meet their basic needs. Conversely, a person without a job may resort to criminal means to meet those needs. Therefore, labor law should establish relative equality, which will reduce the number of foreign workers and, consequently, limit unemployment. Absolute equality between national and foreign workers regarding the right to work is impossible. It is generally accepted that the right to work inherently entails a secondary right: the priority of employing national workers over foreign workers. Job opportunities must be provided to Iraqi citizens from the outset, as equal opportunity is the essence of the right to equality. Before the law.

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This research addresses the legal issues related to electoral financing in Iraq, as it is one of the most important factors affecting the integrity and transparency of the electoral process. The primary objective of the research is to uncover shortcomings in the legal texts regulating electoral financing, whether in terms of vague controls regarding funding sources, weak oversight and transparency mechanisms, or inadequate penalties imposed on violators. It also seeks to provide practical and legislative solutions that would enhance electoral integrity and protect the popular will from the illegitimate influence of political money. The adopted approach is descriptive and analytical, as relevant Iraqi constitutional and legal texts were analyzed. The research concluded that current Iraqi legislation suffers from clear gaps in controlling electoral financing. It lacks precise standards that set financial ceilings for electoral spending and allows for undisclosed or illegitimate funding sources. Furthermore, oversight bodies are weak in tracking the movement of electoral funds, which opens the door for political money to influence results and perpetuate inequality among candidates.

This research will shed light on criminal investigations using artificial intelligence (AI) and the potential problems that may arise in its impact on the legal guarantees afforded to the accused during the preliminary investigation stage. While AI plays a vital and pivotal role in criminal investigations, it can also become a means of violating the rights of the accused. The use of AI technologies presents a fundamental challenge: the accused's inability to understand and comprehend the algorithmic data and digital evidence automatically extracted to support the charges against them. This necessitates providing legal protection through enhanced safeguards. Its legal guarantees, and strengthening the role of judicial oversight of criminal investigation procedures at this stage of the criminal proceedings.

Technological advancement and the proliferation of electronic publishing are among the most prominent features of the digital age. This evolution has facilitated the ease of publishing intellectual works and their widespread dissemination. However, this progress has been accompanied by numerous infringements on copyright, particularly moral rights, which represent the personal and spiritual bond between the author and their work—such as the right of attribution and the right to the integrity of the work (preventing its distortion or mutilation).
In this research, we examined the adequacy of the legal protection provided for the author's moral rights in the context of electronic publishing by clarifying the legal means of protection against these violations. We employed an analytical methodology, studying legal texts related to copyright protection and their application to various forms of electronic infringement, such as ceasing the infringement and withdrawing the work.

Civil society organizations in Iraq play a pivotal role in developing the health sector, particularly amidst ongoing political and economic challenges affecting public health institutions. Their contributions include providing health support to vulnerable groups, executing awareness campaigns, and collaborating with government and international agencies to enhance medical services and supply essential resources. Despite obstacles such as limited funding and complex legal frameworks, research shows that civil society is an essential catalyst for health development. These organizations reinforce oversight, build effective partnerships with public and private sectors, and support social initiatives aimed at improving public health in Iraq.

Air carrier liability insurance is a significant contract, characterized by complex relationships, multiple clauses, coverage for a wide range of risks, and substantial financial implications. This contract has become mandatory for aircraft operators, in accordance with the provisions of the Iraqi Civil Aviation Law (No. 148 of 1974) and its amendments, which obligates operators to insure against their liability. Furthermore, the substantial financial compensation for those affected by aviation accidents and the emergence of many new aviation risks that airlines cannot address alone have created challenges. Therefore, legislators, particularly international ones, have embraced a set of guarantees, particularly in light of the trend toward protecting the vulnerable party affected by air passenger transport. These guarantees play an effective role in protecting victims of aviation accidents, ensuring they receive adequate compensation as quickly as possible. The importance of this study is evident in the guarantees provided by international legislation to protect the injured party, most notably air carrier liability insurance for damages sustained by its passengers. This insurance is considered one of the most important insurance contracts, as it guarantees those harmed by aviation accidents compensation for the damages they incur and for their luggage.

This research addresses the phenomenon of radioactive pollution as an environmental and legal risk. It has become widespread in this era, with the increasing use of nuclear energy as an alternative source of conventional energy and the rapid development of human life. This has resulted in the emergence of a serious environmental problem: radioactive pollution. This pollution occurs as a result of fuel cycles, gaseous waste, and nuclear reactor products. Nuclear dust is also considered one of the most important environmental pollutants, whether through breathing or exposure to a passing cloud (such as that formed as a result of the Chernobyl reactor disaster). It can also result from burns caused by dust adhering to the skin, as well as its deposition on plant leaves, which in turn is transmitted to humans through food or through the consumption of animals (such as milk and hay). The seriousness of this problem lies in its diffuse nature, as it does not recognize geographical or political boundaries, crossing the national borders of the country in which it occurs, reaching the territories of neighboring countries. This requires international cooperation to protect the environment and provide adequate support and international cooperation to enable them to undertake this difficult task. The research aims to analyze the existing international legal framework. To protect the environment from radiation, and to evaluate the effectiveness of institutional and technical mechanisms, such as the role of the International Atomic Energy Agency, emergency cooperation mechanisms, and technical standards, the role of specialized international agreements in protecting the environment from radioactive contamination was also explained.

Historical documents are considered one of the most important elements of national records for any country, as they exemplify legal and historicalevidence for events, rights and sovereignty, and they're considered a permanent balance of nations' and civilizations' experience, expertise and moments that extend deep in their history and roots, where they form the national record that shows the constitutional development of countries and levels of decision making, documents rights and responsibilities. Its importance isn’t shown in proving its existence as much as it's exemplified in its manufacturing process and how it's kept from all assault instances like the crime of illegal output of historical documents from countries, and the role of the law of criminals stands out here in its description of the main tool used in providing legal protection through what it decides from criminal texts and deterrent punishments in saving the historical documents and ensuring their safety for future generations.