journal of kufa studies center

The issue of oversight of the constitutionality of international treaties occupies great importance as it is related to the protection of the constitution and its sanctity in front of national legislation and international legislation, as oversight represents an impregnable barrier to any violation of the sovereignty and interests of the state.
Comparative constitutions have adopted multiple trends in regulating this type of oversight, some of which are assigned to the legislative authority (ratification), and some of them are left to the judiciary as the competent authority for the adjudication of disputes and the custodian of the law and its application, and constitutions have assigned this task to an independent body (the Constitutional Council).But the problem is that some constitutions that did not assign the task of oversight to neither the judiciary nor to an independent body, and even did not specify the legal value of internal legislation (ordinary - constitution) and were satisfied with the control of the legislative authority.

The constitution arises in two ways, the first is democratic and the other is undemocratic, and some scholars of jurisprudence go to say that there is a third way, which is that the constitution arises through an international treaty - and this issue is referred to here - which requires a statement of this method in order to judge it as a democratic or non-democratic way of creating constitutional rules, but all this is taking place in the light of the study of the law of administration of Iraq for the transitional period, as the urgent need for this appears in such a difficult stage Iraq and its surrounding regional and internal risks.

The victims of crimes are harmed from two sides, the crime itself on the one hand, and from the media for their pictures during the crime on them and published publicly on the other hand, so it was necessary to have a legal system to determine the responsibility of the journalist when publishing the suffering and groans that befell the victim publicly, especially since comparative laws have provided for fair compensation for the damages suffered by the victim due to the crime. The research was a way of defining that legal system within the framework of traditional rules (the idea of private life) or (the idea of human dignity).

Every change in the system of government is accompanied by extensive constitutional changes in line with the new situation of the state and society, as the judicial and legislative authorities are the first to be subjected to change and development in a way that suits two important stages in the history of the State of Iraq, the stage of the fall of the Baath regime in Iraq and the stage of building the state after 2003. The research was not satisfied with what was the previous Iraqi judicial organization No. (160) for the year 1977, but will go beyond it to the major and decisive change that occurred in the judiciary through the re-introduction of the Supreme Judicial Council and the establishment of the Federal Supreme Court.

Since electronic computer crimes, or as they are called (information crimes), are a recent criminal phenomenon due to their attachment to computer technology, which was shrouded in mystery in a way that called many to say that information crime is more like a myth, and that there is no real threat emanating from electronic computers, and if there are forms of illegal behavior that are associated with electronic computers, they are ordinary crimes on which traditional penal texts can be applied,
However, the application of these traditional texts to these new types of crimes has resulted in many legal problems, and the research here provides a contemporary vision to address this problem.

This research deals with the concept of terrorism and its criminalization in national and international criminal legislation, as he studied terrorism and provided a definition of it and a presentation of international efforts in it, as well as regional efforts, then reviewed the subject of criminalization in which he studied terrorism in criminal legislation and then the researcher dealt with images of criminal human behavior, then concluded to the penalties prescribed for terrorism crimes, and concluded the research with a number of results and recommendations as he considered the terrorist crime a social phenomenon that can be dealt with by criminal justice systems and security services.

The administrative contract is defined as a legal act issued by the administration, so it is required that the will of the administration be united with the will of the contractor, and that the concluded contract aims to produce a legal effect, whether it is the creation, transfer, or modification of an obligation. There is no doubt that the goal of the administration of the conclusion of administrative contracts is the public interest that prevails over the individual interest of the contractor, so it aims from the administrative contracts to ensure the continuity of the performance of the public facility for its services to the general beneficiaries, so the search will be exposed to the termination of the administrative contract due to force majeure, as the emergency circumstance does not lead to the termination of the administrative contract, but all that leads to it is to make the implementation of the obligation cumbersome, which leads to the administration to share the contractor in bearing the burdens of loss.

The confession is known as the master of evidence, and it is obvious that the defendant's admission to himself is often closer to honesty than to lying, that is, the possibility of his sincerity is likely to lie, this great confidence of confession that falsehood never comes to her is no longer her today that consideration, as several factors have occurred that displaced the confession from his future edifice, including the weakness of the investigation and the use of investigation officers illegal means such as abuse, threats and giving narcotic and intoxicating substances to the accused to obtain his confession.
This research stems from the importance of acknowledgment in criminal evidence in ending the criminal case on the one hand and that this acknowledgment is identical to the truth and reality on the other hand.

The increasing penetration of modern electronic communication systems of an informational nature in concluding contracts and deals and managing commercial negotiations, of which e-commerce for its various systems and multiple methods is the most prominent features, has led to many works that were impossible before to accomplish.
The electronic predicate is easy to save and view, and allows its use when referring later, and for this importance for the electronic document, legislation, jurisprudence and the judiciary in many countries have prompted careful thinking about the development of new legislative and regulatory formulas that allow the development of solutions to the various problems arising from developments as a result of the use of the electronic document.

Nearly half a century has passed since the issuance of the Iraqi Personal Status Law in force, and it still suffers from deficiencies and shortcomings in many matters related to personal status. Despite the many amendments to it until it reached (17) amendments in addition to many other decisions and laws complementary to it.
After the fall of the Baath regime in (2003), there were signs of a fundamental change in this law, including the replacement of Islamic law and the replacement of many texts related to the issue of polygamy or judicial separation, especially after the issuance of the permanent constitution of Iraq in 2005, which gave Iraqis the right to deal according to their personal status, so the research dealt with what personal status and legislative deficiencies in the law and the extent of the law's susceptibility to the need of Iraqi society and the possibility of replacing it with Islamic jurisprudence.

If one of the elements of the legal relationship is marred by a foreign element, such as if one of its parties belongs to a foreign country, such as if the seller in the sales contract is a foreigner, here it is imagined that the provision of the legal relationship conflicts more than one law depending on the belonging of the elements of the relationship to more than one country, which is called (conflict of laws) and the mechanism used to resolve this conflict is the rules of attribution in the legislation of the country to which the judge who considers the dispute belongs.
It is not possible to reach the determination of the rule of attribution unless the subject of the dispute is given the correct legal description, which is called the process of (adaptation or classification), this adaptation is the one that was the subject of the research and what is contained in it.

The legitimacy and the agreement of all opinions means the supremacy of the rule of law, which in itself is an attempt to approve the Sharia, and in Islam there is legitimacy, which means the approval of Sharia and that no one has jurisdiction over the other or a community over a person or another society, because the mandate of God Almighty, which is this original origin and therefore there is no legitimacy for the mandate of anyone or group or its control over a person or group unless it has been stipulated in conclusive evidence in the Holy Quran and the Sunnah of the Prophet Honorable.
From this point of view, it is understood that no control by anyone or entity is valid on a person, unless the exercise of such control is based on conclusive evidence, which is the text that authorizes him to exercise such control.
Therefore, this research examined the International Court's oversight of legality as well as the international prosecutor's oversight of legality.

The idea of the strongest effect of the contract is not a rule or a principle of law or a constant of legislative drafting, but it is directions that the legislator is working on in organizing and resolving legal positions and actions and resolving the earthquake in its march or frequency between two or more effects.
The scope of its research is based on contract and legal act, meaning that it does not operate within the scope of tort or wrongful act. And that this contract can be arranged for its effects and intercepts the march of one of them stronger than the hereafter, and that the origin of this contract is true and real not fictitious, and that this idea of the contract was not contrary to public order and morals or the primacy of the lower interests over the higher interests.