Albayan University Journal for Legal Studies and Research

The research emphasizes the significant and direct role of constitutional and legal electoral regulations in promoting women\'s political participation and providing opportunities for their involvement in governance. It also asserts that the impact of these regulations in enhancing women\'s roles and participation in the political process in Iraq became evident after the change in the country\'s governance system in 2003, relying on elections as a means of authority and legitimacy.In light of this, the research aims to analyze the historical context of women\'s political participation and the evolving landscape of their engagement within the democratic transition in Iraq. This is pursued through tracking and reviewing legislative texts in the constitutions, election laws, and electoral systems to identify and highlight advancements in women\'s participation in the political process as facilitated by the guarantees and opportunities presented in these legislations.

Electronic social media achieved widespread success، making it rich and indispensable sites for many users, but it resulted in negative effects on people\'s rights and privacy. Traditional to modern criminality, i.e. the emergence of new types and methods of crime that allowed the spread of violations of private life on a large scale، Where these means were exploited by the weak-minded to attack people by detracting from their dignity and affecting their emotions، they may publish certain images that affect the person\'s entity and offend himself or a member of his family,or by broadcasting messages that contain insults,defamation and contempt, affecting honor and reputation Individuals and their consideration, which made these acts committed on social networking sites and the Internet constitute an obsession among individuals for fear of scandal, especially in light of the legislative vacuum to confront and limit it

After the fall of the ruling regime before 2003, the structure of the state in Iraq changed from a totalitarian regime to a democratic regime, and through this emerged the first signs of the civil state, represented by the Iraqi Constitution of 2005, which was voted on in a free, democratic manner by the people, and this constitution represents the spirit of the laws in the civil state. Through which it can achieve all its foundations and requirements represented by the rule of law, the separation of powers, the separation of religion from politics, and democracy, as well as civil society, cultural pluralism, and citizenship, and all of these principles are stipulated in the Iraqi constitution, so the role of the civil state in confronting extremism and terrorism has emerged through the application of some laws related to combating terrorism. Through the Iraqi Anti-Terrorism Law No. 13 of 2005, as well as the application of the articles of the Iraqi Penal Code No. 111 of 1969 in special penalties.

Cyber attacks have become one of the difficult challenges facing those in charge of applying the rules of public international law. This is due to the difficulty of determining their nature and elements, which in turn affects international security and sovereignty. Therefore, the research aims to identify international responsibility for cyber attacks, in order to achieve the goal The research and solution to its problem depends on the descriptive and analytical approach, and the research reached many results, the most important of which is that the cyber attack depends on the use of the latest advanced technical methods, meaning that it reflects the tremendous development in the technological revolution, Therefore, the keyboard and computer software have become more destructive and dangerous to the world. Therefore, cyber attacks have become low cost. Electronic or cybercrimes, as international cross-border crimes, are combated under international law. Therefore, the international community is responsible for these attacks as a result of the damage they cause to another country. The study recommended the need to reconsider international law, and add legal texts that include effective sanctions and punishments for the perpetrators of this type of crime.

The increase in population has led to the expansion of urbanization, and the construction of new cities requires new and innovative designs. Whenever a designer designs a map or building, this is considered his personal product based on the ideas he possesses, which may be vulnerable to imitation or theft. To solve this problem, these ideas and designs must be protected. To encourage the designer to be creative and discerning, and this problem has increased as a result of the world’s great and rapid developments in technological means, making the laws that governed it incomplete. Among these laws is the law protecting copyright and related rights. Is it possible to protect the architectural map with the Iraqi copyright protection law? From extrapolating the texts of the law, we find that they were limited to protecting architectural arts without the work of the designer.

All authorities must abide by the final and binding provisions of the constitutional judiciary. Nonetheless, these clauses can be flawed as a result of societal advancements that the constitutional texts haven\'t kept up with, or they might be flawed despite being enforced because there isn\'t a higher authority to examine them. The constitutional judiciary has been forced by this issue to reverse earlier rulings and make corrections to the mistakes that have been brought to light in various instances, situations, and eras.Reversing constitutional judicial provisions is fraught with challenges, not the least of which is the potential contradiction with the legal security concept. Other criteria that may cause the concept of rescinding itself to be rejected are contained in this principle, such as legitimate expectation, legitimate trust, and legal stability. However, the constitutional judiciary put a lot of effort into finding jurisprudentially supported remedies to end this disagreement by striking a balance between upholding the norm of legal security and other principles and rejecting earlier constitutional judicial verdicts. The experiences that constitutional systems underwent influenced the creation of ideas and theories and strengthened their connection to reality. The absence of uniformity within the constitutional judiciary allows for the modification of its rules, as its provisions do not create any overarching and universal rule.

Siracusa Principles are restrictions Established by the International Human Rights Committee on the authority of the states in regulating individual rights and freedoms, at the 41st session in Siracusa, Italy. These principles focused on limiting the state\'s authority to deviate from the rules established by the International Covenant on Civil and Political Rights in the event of emergency circumstances in accordance with Article 4 of it. These principles show that the freedom of the state to suspend the work of the International Covenant on Civil and Political Rights in emergency circumstances is not absolute freedom, but rather it is a freedom restricted by some formal and objective restrictions . This research focuses on how to work according to Siracusa Principles in the United States, Europe and Iraq.

States seek to achieve the security and safety of society by enacting legislation to ensure that they achieve this end, and security stability is one of the most important elements of the development and prosperity of countries in society at the national and international levels, as it directly affects the practical reality of the lives of individuals, the weaker the crime, the greater the crime and its scope expands horizontally and vertically, and the need arises to seek the help of a group of individuals to ensure protection for a person or institution, described by the law as commercial companies whose function is to provide security services to those who use them in exchange for sums of money determined as wages In the contract.

The research, entitled \"The modern perception of subjecting trade contracts to the provisions of international trade law (a comparative study)\", examines recent trends in jurisprudence, legislation and the judiciary. It suggests that international trade contracts are increasingly subject to the provisions of international trade law, rather than national laws. This is driven by a set of logical and practical necessities that contractors in the field of international trade are comfortable with. The logical and practical necessities with which contractors in the field of international trade are comfortable are in accordance with legal controls that ensure the relative nature of the liberalisation of this category of contracts. These controls ensure that they do not conflict with peremptory norms in national laws, before the arbitral tribunal in an exclusive manner. The arbitral tribunal is the only judicial forum in which the provisions of international commercial law can be enforced. Despite the controversy surrounding the extent to which the components of international trade law enjoy legal status, such that they can be recognised as binding rules, international trade customs, common legal principles and rules of justice are considered components of international trade law. Consequently, they require application in accordance with the will of the contracting parties or automatically in accordance with the direct application approach, as they constitute the law applicable to international trade contracts.

Formal defenses are the means by which the opponent resorts and challenges the validity of the lawsuit procedures without affecting the essence of the right claimed by the other party. Thus, he temporarily avoids being judged with what this party requests, such as answering that the lawsuit was filed with a court without jurisdiction or was filed with an invalid procedure. These formal defenses are those in which the opponent challenges the legality of the lawsuit procedures with the intention of disrupting its progress without affecting the essence of the substantive right on which the plaintiff relies. Given the importance of formal defenses in protecting the defendant’s right, they rise to the level of the lawsuit and are one of the aspects of their uses, especially when the opponent challenges them in a lawsuit. The legality of the lawsuit procedures with the intention of disrupting its progress and not affecting the substantive right on which the plaintiff relies, but he is exposed to the invalidity of the procedures by which the lawsuit petition was filed. These defenses have a concept, rules, and applications that will be the focus of our treatment in this scientific study