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

Resort management to achieve their goals in general needs to offered through laws and regulations, and are based on two types of means, firstly, physical work, and other legal actions, the latter can either be issued by management unilaterally as decisions Admin, or be in the image of the work .
Contractual work represents an important place in administrative activity, to provide opportunities and privileges, being natural means in the implementation of projects and the achievement of its objectives.
However, the Department does not have the freedom enjoyed by individuals within the law to choose from to hiring and way they want, they are restricted in choosing who you want to sign him, legally defined methods and techniques at the conclusion of the administrative contracts, binding procedures followed when contracting, Tender is one of these methods, most notably, in the implementation of projects .
And tenders control Joomla Administration important principles adhered to and not inconsistent with or characterized by defect of illegality and become prone to cancellation, these principles are openness, competition, and equality among competitors .
The principle of competition _ theme _ one of the most important of these principles, which implies the opportunity to participate in the bidding to all interested eligible required by law, this principle provides the opportunity to participate in the bidding for all wishing to both, if the required qualifications, and bring Very important goal management is embodied by maintaining public money .
But the question that is the judicial body competent to consider irregularities that occur before the conclusion of the contract and affecting the principle of competition?
Nodal operation is complex process through several stages, beginning with the introductory or preparatory actions, that set the tone for the management contract as tender or open bidding or tendering lay analysis , And the administrative contract as arranges rights and obligations between the limbs according to comparative base effects, consequences for others.
These preparatory actions and management decisions, entering in the composition of complex administrative work such as the decision to deprive certain people or exclude their bids and the decision to establish the auction, these resolutions called for secession, and midwife decisions if hit by defect of defects affecting principle The competition is entitled to others that is challenged by the cancellation proceedings in all of France And Egypt, in Iraq, it's different because the ordinary is considering violations before the contract .

The duration of the extended contract is the basis of the descriptive theory in determining the nature of the extended contract, not considering that the length of the extended contract is a pillar in the extended contract, but rather as a description of the extended contract and the term after it is a description of the extended contract. The term of the extended contract shall be deemed to be the period in which the obligations arising from the contract during which the contract extends or thereafter shall be a condition determining the manner in which the obligations of the contract.

It is considered the benefit of the subjects of interest to the scholars of Islamic law according to the texts contained in the field where the difference of the meaning of the jurisprudents, some of them see it correspond to the eyes are the eyes that do things like housing the house and ride the car and the animal and service, and some of them see them meet the eyes, whether the offer or the eyes generated from them Or is not generated as the fruit and planting and the land and consider the benefit will be valid and valid permission to be owned and can be implemented to meet the recommended benefit according to the eye recommended for its benefit if the house or agricultural land or yield or fruit by the proportion of each team of recommended and There are conditions for the commandment of conditions related to the testator and others recommended by the recommended and recommended as may be the benefit of the benefit of a person or persons specific or not confined or moral and can prove the test of benefits by simply.

The intent of the image judgment is the judgment which is issued in a fictitious dispute, but it is ostensibly a real one. Its purpose is to formalize the conventions signed by the parties to the conflict. This kind of conventions do not prevent them occurred as long as it wasn't intended to break the law , public order , some damage or fraud against an opponent.
Surely that these conventions have several advantages working on the relations achievement like formalization of some contracts as magistrate contract which works on resolving disputes and establishing satisfaction among the parties or complete documentation of certain contracts that are hold in the courts by confronting a Judge which includes the sale of a certain sample under external contract of sale and documented it with a Judge which entails of the validity of his signature and received full sales allowance so that no appeal is possible included a fraud again.
The image provisions has several cases, but the present study will be limited to only two cases, namely, the case of the judgment on the ratification of the magistrate and the case of the moorage of auction, with regard to the provisions of the magistrate was organized by most comparative legislation as a contract, but the judiciary had another opinion on the ratification of the magistrate by the judge as a judicial provision, but he is not the owner of the authority of the expired order which reflects the ability to appeal the claim of the original invalidity.
Magistrate is working on ending the conflict and resolve the case and then may not renew or sue a claim of voidance as long as it was in accordance with the law, but whenever a magistrate harmed others or was built on fraud with the intent of harming the other opponent, they had to have canceling it by suing begins with the content of voidance it even after the date of appeal.
As for the moorage of auction, it is a sale done under the supervision of judiciary by a decision of a judge or justice enforcer, the task of the judge is the occurrence of the sale to those who won the auction . It is not more than just documenting of the sale, which has the great effect of preventing the appeal of such sales, whether by unfairness in view of its public procedures, in addition, the seller does not comply with the entitlement guarantee nor hidden defects' guarantee as in regular sales, all these things led us to say how the possibility to appeal this verdict and whether it is legally permissible?
To answer the above question, each judicial decision is exposed to be appealed, the Iraqi legislator ways to appeal the provision verdict of auction winning represented by plaint and discrimination, whereas the Egyptian legislator had merely through appeals and specific cases exclusively, the French legislator had legislated to the possibility of genuine sue which is indented cancel it.

That the process of the conclusion of international treaties is not absolute in the subject matter to regulate the relations between the parties, where there are a set of restrictions on the freedom of the parties to the treaty must be committed and not to exceed, such restrictions are what is stated at the international level only in the Charter of the United Nations as Represents the nominal law of the Member States of the Organization by stipulating that the obligations arising between the Members of the Organization and the provisions of this Charter shall not be incompatible. Or in the Vienna Convention on the Law of Treaties of 1969, where some limitations have been made in their texts, a limitation has been placed on the parties to the conclusion of international treaties, namely, that they do not conflict with the object of their treaty with the norms of international law.
On the internal level, the constitutions of countries include some principles. These principles are binding on the parties to the treaty. Non-compliance with these restrictions may lead to the unconstitutionality of the international treaty, especially under the legal systems that give international treaties the value of ordinary law. To the Republic of Iraq and Egypt, or the Constitution itself may be amended in the event of conflict with the provisions of the Treaty as in the case of the French domestic legal system.
The unconstitutionality that follows under the provisions of the Constitution may have an effect on the international level in the direction of the State in which the treaty is silent. Therefore, it can not be applied at the internal level. This procedure, ie, the unconstitutionality of the treaty, entails the non-implementation of the treaty. Consequently, international responsibility raises the direction of the violating State on the basis of non-compliance with international obligations. Hence, in order to avoid this form, the competent authorities, starting at the early stages of the process of concluding international treaties, should refrain from including in international treaties the issues that contradict these restrictions, except those that have been stated at the international or internal level.

Under constitutional constitutions, the constitutional rule is characterized by its formal and objective character, which means that any law issued must not be contrary to the constitution. There is no difference in the constitution being written or customary. The constitution also states that the legal system of the state must be subject to constitutional rules. The theoretical basis of the constitutional rule is insufficient to guarantee this priority unless protection of these constitutional rules is protected by means of protection.

It is obvious that this protection is against the person who sets the legal rules, the legislator, the protection of the constitutional rules against the person who sets the legal rules, the legislator, that is, the protection should be against the potential attacks of the legislator on the constitution, and to confirm the principle of Highness, Which is to control the constitutionality of laws to preserve the Constitution as a reflection of the will of the people, and since the legislator enacts both basic and ordinary laws, so the control of the constitutionality of basic laws is of great importance for two reasons.

The basic reason is the relationship between these basic laws and the rights and freedoms of individuals directly through the organization of these rights and freedoms, The study dealt with judicial control in both Egypt and Iraq, in an attempt to induce the Iraqi legislator to lay the foundations for judicial review of the constitutionality of the Basic Laws and to distinguish them by special procedures, as did the Egyptian legislator.

Abstract
Easements of necessity are considered as one of the well-established legal systems of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. They are considered as one of the necessary real rights of vital or fundamental nature, by which the servient tenement is burdened. And only arise if it is established that its use is indispensable for the use and benefit from the dominant tenement. The Easements of necessity, which are classified as one subtype of the implied easements, as well as the intended easements, do the function of providing the requirements of the extreme necessity to find the ways to reach the land-locked real property, in keeping of the practical considerations. And to protect the national wealth or real property. Although the Iraqi civil law No. (40) of 1951 has not regulated the easements of necessity, but it regulated some legal restrictions related to some special states of neighbourhood, and come nearer in its function to that of the easements of necessity.

In order for any voluntary action to arise between two or more persons for its legal effects, it must be properly established that satisfies the elements defined by the law of satisfaction, locality, cause and any other formality required by law to give effect to the conduct, which is agreed within the general rules of obligation, and therefore if such conduct is accompanied by any objector Any of the disadvantages of eligibility or a defect of the will of a will lead to consider the act void for breach of one of the conditions or as a contract signed requires the authorization of the stakeholder. This article aims primarily to discuss the injustice of obscenity as one of the defects of satisfaction and its effects on the consensual division between the partners in common money as one of the voluntary actions, where the importance of this study in the presence of many applications in real life, including the exposure of one of the parties to the division of consensual injustice as a result of an agreement Dividing the common money with the other partners, and thus knowing the amount of injustice with which the right of recourse arises with the partner, and what is the legal basis for the right of the partner to return because of injustice and the fall of this right.

The idea of international criminal justice has evolved through the efforts of the international community by seeking to establish a special international criminal jurisdiction. International NGOs have made efforts to develop the international criminal justice system, which contributed to the establishment of a permanent international criminal court and the manner in which it was formed, its jurisdiction and the procedures to be followed. These efforts were adopted by the United Nations Diplomatic Conference of Plenipotentiaries in Rome in 1998. The contribution of international non-governmental organizations through the establishment of alliances for the establishment of the International Criminal Court has contributed to the development of the jurisdiction of international criminal justice, The positive role played by international non-governmental organizations within the framework of their objectives, means of action, sources of funding and capabilities in the international arena has an important impact on the development of international criminal justice. The success of the international community in reaching the Rome Convention on the establishment of the International Criminal Court Independent and effective judiciary, whose competence in prosecuting the perpetrators of crimes against innocent people has been the result of efforts by international non-governmental organizations to contribute effectively through the holding of international conferences, the sponsorship of jurisprudential studies and serious studies. Important for the emergence of international criminal judiciary, and international non-governmental organizations role in the development of international criminal judiciary from the substantive and procedural terms.

Freedom of opinion is the essence of man because it allows him to think and make decisions between himself and himself without attempting to influence him. It is very different from freedom of expression, the ability to express ideas and opinions through writing, speech, or works of art freely and without censorship or restrictions or government accountability. , Provided that the content of such acts does not contain ideas and opinions that violate the laws and customs of the State or group that allowed the freedom of opinion and expression. This type of freedom is accompanied by certain types of rights and borders, such as the right to freedom of worship, freedom of the press and peaceful demonstrations. An article we will talk about freedom of opinion and expression. The issue of freedom of opinion and expression is a thorny, sensitive and complex issue in states and governments The reason for this is that the restrictions may change according to the security conditions and the percentage of the population of the different races and sects that are the problem of this country. In this research, we tried to explain the importance of freedom of opinion and how it differs from freedom of expression. Through which the person moves his ideas to tangible physical reality, which would ask him if it exceeded the limits or influence on others, and we have tried to articulate the most important international conventions in this area and presented to the controls Which is stipulated by the Iraqi constitution or the Iraqi legislator, which individuals must adhere to at the internal level and abide by them. We also tried to demonstrate the public order and idea as it is an idea that is flexible and varies from one place to another affected by societies and laws according to the prevailing doctrine in this country or that elements The public order is public security, public health and public tranquility, and states disagree with each other on how to protect these elements.