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

Summary
The aim of this research is to study the exception legal systems applied by the government in case of unusual circumstances to secure the regularity of public utilities that make up its institutions. This study is a comparative study between Iraq, France, Egypt and Lebanon.
This study includes three sections: The first section dealt with the concept and classification of exception systems. While the second section concerns on legal basis for exceptional circumstances and exceptional systems and the conditions of applying them. The third section has dealt with the state of the law and the judiciary of the exceptional circumstances and systems of exception.
This study has reached to a set of results, the most important ones were: the exceptional legal systems adopted by the government to face the unusual natural circumstances in the country focused on issuing martial and emergency laws.
Those laws will lead to consequences that affect the rights and freedoms regulated by law.

Summary



Vicarious liability is a liability for misconduct committed by others; liability of employer for his employees' wrongdoing is the current application for this liability which had started as a liability for all those can the liable person controls their conduct such as his family.
Despite of being acceptable in the common law, this sort of liability has lacked the agreeable and undisputable rationale which can legally justify imposing this liability.
The main obstacle which all justifications have confronted with is that this liability is imposed regardless any fault or negligence in the part of employer, this distinguishing characteristic apparently conflicts with the foundations of tort law which is fault-based.
In this paper, the authors will discuss the absence of agreeable basis of vicarious liability and try to offer a solution. But first, the historical background of this kind of liability should be reviewed, this will help to understand rationales which were offered during the historical periods, second the research will try to analyze current theories according to which scholars try to justify imposing this liability so that we can find the reason of their failure in giving an acceptable reason for imposing vicarious liability.

Summary

The legal rules nascent human needs to regulate matters of life and arranged, in order to save the rights and protection and maintenance, and whenever community organizer was the word of law is supreme in it, and the federal parliament in the country is those who have to exercise the legislative function through propose draft laws and discuss projects and proposals laws and voting on them and whether submitted by him or by the executive branch in the state.
Thus, the legislative function is the primary function of the Federal Parliament in the federal State since he his inherent jurisdiction and general jurisdiction in the legislation, which often Mitkon bicameral, one is based on the popular in each unit of the constituent units of a federal State and represents the people of the Federal State as a whole for that varies the number of members representing each unit according to population, and the other is based on the representation of the constituent units of the Federation evenly regardless of the number of residents per unit of the constituent political units of the state.

The right of elections' participating may be considered as a vital right. Where , if there is no elections , there will not be a democratic regime . The process of election should be free and fair in order to achieve its aims . Otherwise , we shall not get a right regime. Now days , making free and fair elections became an international demand as well as it is a national one.
As a result there should be a cooperation between the national and the international commission observers .
The international observation of election play a vital role in achieving free and fair elections. And it doesn't constitute any intrusion to the sovereignty of nations. The international observation of elections may be global such as the observation of the United Nation's Commission and it may be regional such as the United European commission.
So whatever the kind of the international observations commission was , global or regional , they should issue various reports about the whole process of election in order to evaluate the different sides of the elections' process and give a suitable solutions the problems which may face achieving free and fair elections.

Everyone has the right to exercise all types of behaviors within the limits of the law whether in his/her country or abroad. Based on these behaviors a person may gain certain rights. These rights may be established in one country, while they are denied in other countries. This leads to the formation of rights called "acquired rights". These acquired rights are not different in content from other rights. They only difference may be found in the mechanisms used to implement these rights. Acquired rights for example can be implemented on the international level, while other rights may arise and implemented internally; this has led us to the study of acquired rights.
Consequently, the reasons behind the studying of the international implementation of acquired rights in property matters have arisen from main reason, namely, lack of such study in Iraq. Additionally, acquired rights should be brought up as guarantee of human rights at the international level, while being implemented at the internal level through the organization of the legislator to their provisions.

The manifestation of acquired rights is a legal guarantee to the stability of the legal status of individuals under the issuance, cancellation, or amendments of existing legislation.

What makes this matter more important is that acquired rights have a role in the stability of the legal status that may arise under a state law while its impacts may be produced in another. It also manifests the varying role of rights in topics related to the special law of states. In addition, it reveals the role of acquired rights in matters related to personal status rather than in matters of real status.

This study dealt with the subject of mediation in the electronic disputes in the light of some Arabian provisions and international conventions which tackled this subject. Especially Iraq takes that subject in the legislating laws in order to target the validity of these acts in resolving these disputes.
The study consists of two chapters, an introduction and a conclusion.
The first chapter discussed the character of the electronic mediation in three topics. The first topic is to identify the mediation, the second topic is about its characteristics and the third one is about terms and conditions of electronic mediation.
The second chapter explained the mechanism of that mediation in three topics, the first one is to illustrate How to apply, the second one is about collecting fees, and the third one is clarify how the process of mediation begins and ends.
This study reached to series of results such as the mediation approach considers the most effective way to resolve these electronic disputes.
Moreover, although this subject considers very effective, but it is still early to be an advance approach to resolve these disputes, as well as to be an independent approach, and follow a rule allows the contracting parties to choose the law to settle down these disputes and be free to choose international subjective rules.

One of the most important subjects concerning the English constitution the way that should be followed to make an amendments on the principles and rules of the English constitution as a famous practical application of unwritten constitution.
Nearly all the constitution in our present time is considered to be as a written constitution "Codified" except the English constitution.
The way the be followed to amend the written constitution is totally different from the unwritten ones.
Almost of the written constitution described as rigid one, When the constitution is described as rigid that means it should be follow a special and complicated procedures in order to be amend.
In this study we will focus on way of the amendment the English constitution as a flexible, unwritten constitution.
The framework of the study will be divided as the following:
Chapter One: The Guarantees concerning the specialized authorities to amend.
Section One: The legislative authority as a guarantee to amend.
Section Two: The political authority as a guarantee to amend.

Chapter Two: The guarantees concerning the procedure to amend the constitution.
Section One: The legal nature to the procedures to the amendment of the constitution.
Section Two: The stages to the amendment of the constitution.

The usability law for accused is regarded as legal regulations and lawful .
It also considers an independent guarantee from guarantees that
found in criminal protection for accused rights . It regards as legal rule
taken from international law and protects it in law . The legislative
who mentions it in texts that is very clear and straight forward and it
shows its rules and conditions for this the usability law for accused isn't
explicated law . The punishment can't be back for the past but it is law
that has controlled that significant them from other laws for rots law
that uses from its sources and what can apply that different from other
rot law that can return for the past . There are two basement inside
one criminal law idea that make them together that aim to protect
human rights , this law that mentions the usability law for accused it is
special for the subjective texts punishments that relate to principles of
criminal and punishment .
For that the usability law for accused doesn't relate or opposite the
personal rights for civilities , but it is specific in room of trace with
criminal , but material trace that caused by personal rights and the
pretender must go the Civilian Trail and claims for composition in spite
of that the law has license the work .
The system in the better law for accused has rules and in order to
apply it there are three conditions . First , it must be better for accused
and the new law regards better for accused . It made the accused in
position better from it is available in the past and better than law that
applied before , when the crime is happened . The second condition is
that law must be applied after the crime has happened . The third
condition is that the law must be showed and declared before the
declared the final judgment has decided in the case .

The new law that decided is considered the final judgment . The
work isn't prevent or unauthorized , otherwise the final law regards
final judgment light for punishment for that the court will apply the
new law consequently on the claim of the accused figure .