Journal of college of Law for Legal and Political Sciences

The idea of the research revolves around the reality of the Jordanian administrative judiciary and its development prospects through the statement of the constitutional and legal organization of this judiciary in light of successive legislation leading to the effective Administrative Judiciary Law No. 27 of 2014. The research also dealt with the role of both the legislator and the Jordanian administrative judge in expanding oversight over the work of the administration. As it became clear to the researcher that there are citizens and shortcomings in the law from various organic, substantive, procedural and human aspects that would impair the independence of the administrative judge, his competencies and the limits of his powers as well as his ability to make diligence.
We have concluded a number of recommendations for the development of this judiciary, including the need for the independence of the administrative judiciary from the regular judiciary and recognition of general jurisdiction in the consideration of administrative disputes, and the introduction of the principle of specialization of the administrative judge and the enactment of an independent law regulating litigation procedures, including electronic ones, as well as providing the administrative judge with legal means It enables him to compel the administration to implement his rulings in the event of its refusal to implement consensually

Due to the tremendous technological development that humanity has reached, whether at the national or international level, which has resulted in the emergence of drones that can be used for civilian and military purposes. Despite the importance of these aircraft in the current era, they pose a great danger that will cause damage to humans and property. In light of this, the research problem lies in the inadequacy of the general rules for dealing with damages arising from drones. Therefore, their use should not be expanded until the legislative texts are re-drafted in proportion to their nature to face the damages arising from them. For this reason, we concluded with a set of recommendations, including the need to develop special rules to address the provisions of the guardian’s responsibility by reconsidering the rules of voluntary responsibility and establishing responsibility on the basis of the principle of precaution and the intervention of the state as a backup guarantor in the event that the injured is unable to pay compensation or in the event that the perpetrator of the harmful act is not known

The Independent High Electoral Commission is one of the independent bodies established under the Constitution of the Republic of 2005. It implements, supervises and manages the electoral process. It enables citizens to exercise their rights and express their will by choosing their representatives. The Independent High Electoral Commission is responsible for registering voters, certifying candidates and organizing campaigns, as well as setting controls for the work of the means The media, observers and agents of political parties as they implement the electoral process on time, and then the results announce that the work of the Independent High Electoral Commission as an organ of the state is characterized by impartiality, specialization and independence from the interference of the state authority through guarantees that ensure that it performs its tasks in an accurate and impartial manner

Neighborhood is a realistic and legal situation and socially dimensioned. As such, many definitions were conceptualized for the notion of neighborhood. It can be said to determine this meaning is the common factor between them is convergence, which means that such a convergence is the basis taken as a common criterion among all previous concepts to determine the state of neighborhood. This would be the case whether it was direct convergence in the case of close proximity or indirect convergence, as in the case of non-adhesion between neighbors.
Despite the agreement of jurisprudence and legislations on the character of the harm that requires compensation in the perspective of the harms of neighborhood. Still, the legislation did not set a specific criterion for knowing this characteristic. With regard to Jurisprudence, some jurists disagree about the criterions that distinguish between the familiar and unfamiliar damages to give the neighbor the right to complain, besides posing several criterions that distinguish between the familiar and unfamiliar damages.
Consequently, jurists have not agreed regarding the basis of liability for the unfamiliar harms of neighbors, as differentiated into several views. Some established that liability on the abuse of the right, other suggested the basis is to be the general rules in tort responsibility. Nevertheless, a third trend has built this basis on the texts of the law. Concerning the responsible party, the actual control is the basis for determining the person responsible for compensating the damage, as there is no correlation between ownership and the rising of liability.

The jurists differed regarding the role of the legislator in arranging the effects of the contract, between one who narrows it and one who expands it. As a result, we have three principles: The principle of willpower, the principle of (Al-Jaleiya), and the principle of (Al-Eimda). The legal studies have dealt with the principle of willpower and the principle of (Al-Jaleiya). So we will add in this research the third principle, which is the principle of (Al-Eimda) in Imami jurisprudence, which was not studied previously, according to the extrapolation of the available legal sources, and the research reached to the following results:-
(1) The role of the legislator in arranging the effects of the contract in the Iraqi civil law, proceeds according to The principle of willpower but with restricted it, where it gives the will of the contracting parties a role in arranging the effects of the contract, but restricts it with several restrictions, the most important of which are: public order and morals, as in Article (75) of it.
(2) As for the role of the legislator in arranging the effects of the contract in the four well-known Islamic schools of thought, Hanafi, Maliki, Shafi’i and the Hanbali, it is governed by the principle of (Al-Jaleiya), which is limiting the role of the contracting parties’ will in the formation of the contract only, while its effects are by the law.
(3) Whereas in the Imami school, the role of the legislator is in arranging the effects of the contract, according to the principle of (Al-Eimda), whereby the two contracting parties arrange the effects of the contract, subjected to custom approval, then to the law approval, to be valid and binding effects.
(4) According to the principle of (Al-Jaleiya), the legislator has the right to arrange some effects, even the contracting parties do not want them, unlike the principle of (Al-Eimda), it will not add an effect that was not originally arranged, so the two contracting parties will be safe from the element of surprise. The principle of (Al-Eimda) in Imami jurisprudence leads to the stability of transactions, by finding a balance between the will of the contracting parties, custom and Sharia.
(5)The principle of (Al-Eimda) signifies what is sanctioned by custom for the effects established by the contracting parties. It adopts a double standard, from the personal doctrine, represented by the will of the contracting parties, and from the material doctrine, represented by the custom, so this principle does not limit the role of the will to the stage of establishing the contract, as in the principle of (Al-Jaleiya), which is embodied in the adoption of the materialistic doctrine only, with regard to the effects of the contract.

The achievement of the multiple functions undertaken by the state in the various fields entrusted to it requires relatively stable financial resources that guarantee the state’s success in its economic role in addition to social, cultural and political advancement. Which leads to the exercise of its functions to the fullest, as the state provides many important services that require a lot of expenses, and to ensure the survival of these services, sufficient financial resources must be provided to cover those expenses
Iraq in general suffers from an imbalance in the financial system, this imbalance resulted from the absence of planning based on balanced foundations, which led to its economic delay, as Iraq’s neglect over the years of the productive sectors - industry, agriculture and tourism - made the state come out of a financial crisis and enter In another, achieving economic well-being and eliminating economic problems needs to build a balanced financial system, and the latter requires correcting the internal structure of the components of financial resources, by focusing on the development and activation of the productive sectors represented by the industrial and agricultural sectors in addition to the tourism sector

It was hoped that the progress of contracting methods at the present time would reduce or disappear all legal loopholes that would stop the construction and construction process within the country, but what is noticeable is the spread of this damned epidemic (Covid-19) as this virus swept the globe, and the impact To implement all contracts, but most countries sought to take precautionary measures in order to confront this epidemic, including the imposition of a comprehensive curfew by the authorities, which stopped all activities at all levels, including the most important of which is the suspension of the contracts we are dealing with, in addition to the closure of markets and shops Trade and closing borders with countries until this epidemic is controlled. This led to a direct impact on the contractual relations that took place before the occurrence of this epidemic and its appearance in the countries, and this led to the contractors entering into a crisis that is summarized in two directions. These contracts can only be terminated or canceled by a legal text or with the consent of both parties. And the second: Because of this epidemic, the implementation of these contracts has become almost impossible to implement, which will cost them a great financial loss. who contracted it. And here we are faced with a problem that the judiciary must intervene to solve, and indeed many judicial decisions and decisions have been issued by governments that deal with these contracts so that these contracts do not burden those who contract them.

The commercial agency is one of the businesses that got a wide place among the commercial transactions, due to the prosperity of industries and commodities, the abundance of commercial trades and the expansion of, which requires the expansion of marketing to include a local and global scope, and then the commercial agency was reorganized under Law No. (79) of 2017 to be suitable with the current market conditions and the needs of the public, which included some businesses within its provisions such as distribution and commercial franchising despite their difference from the commercial agency, Which requires explanation in this research, and for the lack of regulation of the obligations, rights and guarantees of the commercial agent and the ending of the commercial agency according the aforementioned law, it is required to study this in accordance the mother law, Iraqi Civil Code No. (40) of 1951.

The Islamic Sharia has laid the legitimate foundations for achieving social justice among the members of its society، After giving the inheritance to everyone who is entitled to his right after his death, and delegating the will to the relatives, the poor and the needy, Destinations of righteousness, goodness and benevolence in the cause of God, and there is no dispute that the will is legitimate and is considered a form of social solidarity. However, the dispute lies over the financial benefits of the bequest and its bequeathing after the death of the bequest to his heirs after him. Some of the jurists of the jurists insisted that the benefits of the bequeathed are not money and the use of them ceases during the life of the benefactor without it being transferred to his heirs after his death. While others see that the benefits of the bequest are funds that the bequeather can benefit from during his life and pass to his heirs after his death as long as the period for benefiting from the will has not ended, because the will is the sister of the inheritance, and what applies to the inheritance applies to the recommended money.

Suspending the application of the penalty is a permissive power granted by the legislator to the competent court to rule on it after the availability of certain conditions stupalted by law and this suspension of implementation has beenstated for an absolute general with the permissibile to apply it to every crime for which the perpetrator has been punished by imrisonmentfor aperiod not exceeding one year in felony or misdemeanor , and the legislator did not exclude a specific crime , However the competent court dose not go to a ruling to suspend the execution of the penalty despite the fulfillment of the required conditions for various reasons, including those related to the convicted person and including those related to the crime committed.So the question posed is whether it is permissible to vefrain from applying the system of suspending the implementation of the penalty in certain cases or crimes, despite the absence of a text prohibiting this application which requires that this be indicated in the ruling issued by the criminal judiciary.The valing to suspend execution is a kind of intimidation in punishment, and the ruling should not be similar to reward for the convict and not a punishment for serious crimes such as those committed intentionally by officials against public funds intentionally or negligently, or they commit in their functional capacity against individual people, and reveal their criminal danger that requires them to be taken stvingently to fulfill the obligations of public and private deterrence after the perpetration of crimes on public money in particutar which may lead to the necessity of removing certain crimes from the scope of suspending the execution of the penalty and not being satisfied with that the judicial work has settled on by not including them so that tgere is no margin for the judiciary this passionate authority that the covicf might think of taking shelter in.

Whoever reads the history of the Middle East clearly sees that it is a history full of conflicts and disputes, in which foreign ambitions crowded and crises became intertwined, until its pages became witness to the scourge of wars that afflicted this region, and the suffering of preserving dignity and existence. Since the First World War and until the present day, the Middle East region has suffered from forms of colonialism and all kinds of conspiracies, to the extent that it is correct to say that it is the scene of regional and international conflicts. During a long period of time, the countries that owned the oil revolution were under the weight of a system of colonial exploitation by the oil cartel

There are several cases in which the term of office of the Iraqi prime minister ends, as the term ends for usual reasons, and this includes the expiration of the constitutional period for the prime minister’s term, which is four years, subject to renewal, determined by the end of the term of the mandate of the Iraqi Council of Representatives stipulated in the Constitution of the Republic of Iraq for the year 2005, although the period of The mandate of the Prime Minister is not specified in the Constitution, unlike the President of the Republic. Likewise, the term of office ends for exceptional reasons such as death, disability, resignation, dismissal and withdrawal of confidence. It is noted in this regard that the Constitution of the Republic of Iraq for the year 2005 did not address all these issues except for the two cases of resignation stipulated in the internal system of the Council of Ministers No. (2) of 2019 and the withdrawal of confidence that was stipulated In the constitution, the rules of procedure of the House of Representatives. Which prompted us to study this subject in the form of extrapolating the constitutional and legal texts, analyzing them, showing the weaknesses and shortcomings in them, and arriving at the conclusions and recommendations that we consider worthy of being taken by the Iraqi legislator.

Man has known drugs and used them for a long time, they are not new or new, but this problem began to spread strikingly in all countries of the world at the beginning of the twentieth century, until it became the focus of interest of the majority of the countries of the world, which called on the international community to hold many international conferences that resulted in the conclusion of many international conventions that deal with some aspects of this phenomenon, including the Opium Convention of 1925 and also the only convention on drugs of the year 1961 ، Iraq has begun to enact anti-drug legislation in implementation of international conventions and issued the first law, which is the Law on the Prevention of the Cultivation of Cannabis of Indian Cannabis and Opium Poppy No. 12 of 1933, and then issued many laws, the latest of which was the issuance of the Drug Law in force No. 50 of 2017. However, the drug problem began to cast a shadow on Iraq after 2003, as it became one of the problems that threaten the security and stability of individuals. The country has been flooded with many types of these drugs that have had devastating negative effects on individuals. The objectives of the research are to indicate the national, international and regional efforts to combat this crime and the measures taken by Iraq to enforce international conventions. We have reached a number of conclusions, including that the main problem of drug promotion in Iraq lies in the management and preparation of places dedicated to use, as these cafes pose a great danger and a major cause of the spread of drugs, and the reports of the United Nations indicate that Iraq has become a producer of narcotic substances and this means the absence of control over the cultivation of drugs, noting that the Law on Narcotic Drugs and Psychotropic Substances No. (50) of 2017 He referred to the authorization of agricultural personnel authorized to be a member of the judicial control for the purpose of extracting plantings. The crime of drug use has also decreased its penalty, after the repealed law considered it a felony, we find it in the new law considered it a misdemeanor, so we proposed amending the text of article (32) of the law on narcotic drugs and psychotropic substances. The penalty shall be imprisonment for a period not exceeding ten years instead of imprisonment for a period of not less than one year and not more than three years, as we have proposed to look for alternative penalties to the penalty of deprivation of liberty in the crime of drug use for addicts after they are placed in therapeutic sanatoriums, including the penalty of work for the public benefit in one of the state departments or companies after coordination in this with the Ministry of Labor.

The constitution is the cornerstone and foundation upon which all legal activities conducted by the state with its various public authorities are based in modern legal systems, as it is the cornerstone and foundation upon which all legal activities conducted by the state with its various public authorities are based. Because it - the constitution - is superior to other legal rules, all actions taken by various authorities must adhere to its provisions, in accordance with the principle of the constitution\'s supremacy. As a result, having a means to protect the constitution from tampering with its provisions and to keep it at the top of the legal organization in the state became critical, and not to violate it by the lower rules, and this means lies in monitoring the constitutionality of laws. There is no doubt that judicial oversight of the constitutionality of laws comes with caveats that require the party conducting them to follow the controls set in place, the most important of which is that the texts of the constitution serve as a reference in this oversight, which extends beyond the law and decides in light of its constitutionality

This research deals with the statement of the position of the Iraqi judiciary on how to implement the judgments of foreign courts issued regarding personal status issues in Iraq. It has become clear to us that the judiciary in Iraq has adopted a tendency that all judicial rulings issued by foreign courts and a request that has been submitted for their implementation in Iraq are decisions that violate public order in Iraq on the pretext that Iraqi law is not applied to those cases by foreign courts.
After discussing the arguments adopted by the Iraqi judiciary in adopting this trend in an extensive manner, it has clear to us that the Iraqi judiciary has gone wrong in adopting this trend, and that it does not accept the content of the Riyadh Agreement of 1983, and that it has legal consequences that negatively affect the various aspects of life for the Iraqis who they obtain a judicial ruling before the foreign courts, and all the expenditures, efforts, and times that the Iraqis spent in order to obtain the foreign ruling are in vain.
One of the most important recommendations reached by the research is the need for the Iraqi legislator to intervene through legislation of a new law or to make necessary amendments to the law on the implementation of foreign court rulings so that it addresses how to implement foreign personal status rulings in Iraq with clear texts and keeps pace with developments in this field. As a contribution to achieving this desired goal, we have proposed legal texts to address the deficiencies and gaps that exist regarding the topic of research.

The progress made in the field of the Internet has a tangible impact on electronic commerce in general and the emergence of electronic banking transactions in particular. These banking transactions depend in their establishment, implementation and circulation on modern electronic means that are different and less expensive than those used in traditional or paper banking transactions. In order for the bank to provide electronic banking services, a website must be established for it on the Internet and allow the public (including its customers) to enter its site easily and completely freely. Perhaps the most important and most prevalent electronic banking transactions are electronic fulfillment (payment), electronic transfer, and electronic commercial papers. Although the Internet has developed these electronic banking transactions in order to provide the best banking services to the public, it may make the use of these banking transactions a path threatening with some risks, because it is a global network that is difficult to control as it is linked to a number of institutions and people and because it has recently appeared, which makes it difficult with it. Provides sufficient ability, whether at the bank or with the customer (the customer) to use it in the field of banking work without making some mistakes. Also, dealing with these electronic banking transactions can lead to arranging electronic civil liability on the shoulders of the offender or the cause of the damage, and then obligating him to pay the due compensation for that.

The current research showed that the political moderation is one of the vital concepts in the contemporary times as countries and societies need it badly. Therefore, thinkers and political scholars tackled this subject theoretically and analytically. Political moderation has intellectual bases on which it rests and from which it starts until it gains a convenient environment and it also encounters intellectual obstacles that breach its bases and prevent fulfilling it. It was necessary to divided the research into two sections; the first dealt with the intellectual pivots of the political moderation and the second tackled the intellectual hindrances of the political moderation.

In this research, we will show the extent of the impact of Christian fundamentalism on international relations through a case study of the American model, which is a prominent example of the role of religion in international relations in the twenty-first century, especially after the events of September 11, which revealed the existence of religion as a determinant of American foreign policy. This is to enable some fundamentalist groups, such as the Christian Right Alliance and the neo-conservatives, to control the process of making the foreign policy of the United States of America, based on the values and beliefs that Christian fundamentalism has come to believe in, and thus control the movement of the United States’ interactions at the regional and international levels, especially during the period of American President George W. Bush Jr. So that the actual and practical application of what this current believes in, especially in the cases of Afghanistan and Iraq, and its attempt to link it to organizations or entities that the United States considers "terrorist", which is one of the justifications for the war and occupation of Iraq in 2003 and its deviation from the most important Arab issues, which is the Palestinian-Israeli conflict, as well as complete control over The capabilities of the Arab region and the attempt to link them to the US policy towards other countries of the world.

Alwaqf has an important role in public life, especially for the specialist in this field. Alqaqf regarded as value and social system that is achieved its edges, whether it is waqf, the defendant or the community, through achieving the element of social solidarity and providing job opportunities society sectors. Alwaqf performs the duty of waqf, which a duty is arising from the will of the single waqf to drop the neck of the owned eye by imprisoning it and preventing its disposal and acceptance is not required. Alwaqf is pillars related to: Alwaqf, the endowed, the endowed upon.
In order to clarify the rule of the endowment condition the research has divided into two chapters, the first chapter include: Definition of Alwaqf, the pillars of waqf, the types of waqf, and the provisions of the state on alwaqf. The second chapter includes the claim of waqf, it shows the methods of appealing the judgments issued in the waqf cases, commenting on the judicial decisions, and in the conclusion we obtain results and recommendations that will report in the conclusion.

This research represents an analytical and explanatory study of the reasons for the formation of the phenomenon of violence in the Iraqi social and political behavior. It is an attempt to answer the question, “What are the factors and reasons that contributed to the formation of the phenomenon of violence and its spread in the behavior and social and political action of the Iraqis?.” The research assumes that the Iraqi social and political behavior has been affected by a set of personal biological and psychological reasons, and a group of structural reasons imposed by the socio-political organization on the nature of the Iraqi human. In turn, these reasons together have led to the emergence and reproduction of violence. The research aims to diagnose the most important causes of violence and aggressive behavior that push the Iraqi person to resort to violence and to use illegal force to achieve the goals and objectives that he wants to reach.

The sanctity of the human self is a fundamental right of the human being, and assaulting it takes multiple forms, and this is what we find in implementing the death penalty and killing the human being in which the soul has struck - and if it is not yet separated from its mother - abortion - and the most important attacks that can occur on the human right to safety His body is the transfer of human organs from a person’s body and their cultivation in the body of another person. Scientific and medical development has led to the exploitation of the human product for use in therapeutic purposes, as well as poor economic conditions to open the door to what is called the transportation and cultivation of human organs

A dispute case for determination of what is in the liability is a legal procedure for seizing the debtor’s money with a third party, imposed by the circumstances of the seizure. It is no more than an answer from the garnishee to the creditor’s claim that the garnishee possesses funds and these funds are owned by the debtor. Hence, the creditor requests this report on the grounds that it is one of the manifestations of the creditor’s right to use the general guarantee on the funds of his debtor to the distrainee. It is the lawsuit filed by the distrainer creditor against the garnishee in the event that the garnishee submits a negative report stating his non-indebtedness to the distrainee, or mentions If he does not possess any of his money, or it is not true, the seizing creditor can dispute the garnishee regarding the validity of the data contained in this report through a lawsuit filed before The competent courts are called to invite the dispute to report including the report.

The process (registration) of the recent evidence used in the prosecution and defense where he has become an urgent necessity in reaching the truth, especially with the technical development of the many drivers, whether it be audio or visual. Despite the importance of the voice recording, but it is likely to prejudice aside from the peculiarities of individuals, especially if you do not have prior permission from the concerned authorities, which could open other issues that have nothing to do with the case originally, as the respect for private life of the most important human rights in communities modern, because of its close association freedom of the individual and the consequent preservation of dignity and respect for his humanity, there may be eavesdropping on his calls or personal telecommunications system without a warrant.

This study addressed the difficulties of implementing international humanitarian law, because of its importance in the light of international and non-international armed conflicts, in order to alleviate the pain and suffering of victims of armed conflict, where the study touched on the emergence of international humanitarian law in addition to knowing the concept of international humanitarian law in general, and the study was interested in talking about the scope of the physical and personal implementation of the law in accordance with the provisions of the Four Geneva Conventions of 1949 and the additional prostolin in 1977, and the obstacles to the mechanisms of implementation of international law. Humanitarian, since judicial mechanisms are of great importance in holding accountable violators of the rules of international humanitarian law and at the national and international levels, they lack the mandatory rules of international humanitarian law for all countries, and to ensure the proper implementation of the law without obstacles, all countries must work to integrate the provisions and provisions of international humanitarian law into their internal laws.

This research relates to the topic of administrative grievance in Kurdistan Region of Iraq, Administrative grievance means that it is a request submitted by the person concerned to the administrative authority that issued the decision or it’s presidential body requesting a reconsideration of the administrative decision to cancel or amend it within the legal prescribed dates, It is one of the important and worthy of study Because of its importance to individuals, administration and judiciary alike For the individual Administrative grievance spares individuals a lot of long and costly judicial procedures. As for the administration, it’s A tool to extend Self-censorship of management works, An opportunity to reconsider its decision and evaluate it again according to the information and the reasons given by the complainant in his grievance, Correcting its own decision and purifying it from defects that inflicted Which increases the prestige of the administration and the confidence of individuals in it As for the judiciary It relieves the burden of the judiciary,It reduces the number of cases registered with the courts by resolving disputes between the administration and individuals amicably. In order to cover the subject of the research from all aspects, we have followed the descriptive-analytical approach, and we have also followed in addition to that Comparative approach, as far as possible ,By talking about the basics that explain the legal system for administrative grievance .Starting with the definition of administrative grievance, its types, conditions, form, date and effects, Through an analysis of these basics according to the relevant legal texts in the Kurdistan Region. And trying to make a comparison as much as possible with the Iraqi legislation in order to give a clear picture of the concept of administrative grievance and how it is organized by the Kurdistan legislature, With the identification of weaknesses and defects in the legal texts relevant to the research and suggesting the appropriate treatment to correct it. We ended our study by reaching a number of conclusions and suggestions in order for the concerned authorities to benefit from them .

This study examines the extension in the power of constitutional courts by creating powers to themselves without any constitutional or legislative basis. Under this extension, the constitutional court find themselves enforced to innovate new jurisdictions to solve constitutional problems that cannot be addressed by the traditional jurisdiction. However, when the constitutional courts assigning themselves with such jurisdictions, it may raise some concerns about its infringing the powers of other branches and violating some constitutional principles. The main aim of this paper is to clarify the concept and nature of these powers, and then assess and evaluate the risks of these powers by highlighting the most important positive and negative thoughts about the unlegislated powers of the constitutional judge.