Journal of Juridical and Political Science

Food security is one of interlinked to the sovereignty and independence of the state, it represents the crucial relationship between the government and the people on the one hand, and between the state and the international community ,on the other. Thus, priority must be given in the strategies and future plans of the state. Food security provides food commodities at reasonable prices and a high nutritional value for the needs of population in any country or territory of the world throughout the year. Food security has therefore become correlated with other security terms, such as economic, social, political and water security. The problem of food has started to take on other aspects of international politics, and it directly affects the balance of powers, such as energy sources, or even more than them, because food is irreplaceable, while energy sources have multiple substituents. Food weapon and trade warfare became popular, as was evident in international relations by the economic siege and starvation warfare. Perhaps the most appalling forms of how the United States of America uses food as a weapon, when it decided to economically besiege Iraq in 1990 under the auspices of the United Nations , that increased the map of food deprivation, with a consequent increase in unemployment, illiteracy, ignorance, diseases, the emergence of criminal gangs, and the deterioration of security and morality that paved the way for the destruction of Iraqi statehood.

In fact, civil society organizations have a significant role in the struggle against extremism, terrorism and violence, and the importance of civil society organizations as being an intermediary between individual, society, citizen and state, it is based on citizenship, democracy and coexistence, which in turn enhances and entrenches the values​​ of citizenship, democracy and coexistence, thus, their role in confronting terrorism, with their multiplicity, variety and widespread in society, it was therefore crucial to involve civil society organizations in developing and planning strategies, programs and plans to confront terrorism in the intellectual, cultural, artistic and social fields to confirm the partnership relationship between the government and civil society organizations, from planning to implementation to evaluation, which requires a new format of public administration that implies the process of developing public policies for the state, and in drafting legislation, decision-making, implementation of development strategies and confronting terrorism, furthermore, to monitoring and diagnosing early warning indicators in society, the expansion of civil society institutions throughout the country and their daily contact with citizens and events, and their ability to monitor changes adequately which give warning indicators for the growth of extremist ideas, and spread a culture of tolerance and informed through their various activities, which contribute to fortification citizens against extremism and response for attempts to recruit them to terrorist organizations, in addition, to encourage programs and activities to promote a culture of dialogue and respect for differing views, refute practices of exclusion and marginalization against any racial or social group, promote the culture of developing a sense of patriotism and national unity of the citizen, working as a partner of state institutions to advance the standard of living of marginalized groups and slum dwellers and help them to find residence and regular work as well as social reintegration into society and enable them to identify the high humanitarian values ​​through cinematic and theatrical performances in their residence, besides in youth centers and clubs in order to connect to human culture and positive values ​​through these artistic performances, cultural and social symposiums, but this is not to deny the responsibility of state institutions in the first place for providing economic, social and cultural rights to citizens.

The liability for the breach of statutory duty is considered as a type of the civil liability arising from the tort, in the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that it represents the remedy arising from the breach of duties imposed by the legislation, and gives the victim the right to bring the action for damages. It is based originally on a tort, known as the tort of breach of statutory duty. But it is represented exceptionally by the strict or absolute liability. It is also worth-mentioning that the application of this liability has been prevalent in some sectors and activities, in which the legislator intends to help the innocent plaintiff carry the burden of proving the tort of negligence easily. And to exonerate him sometimes from onus of proving completely. As for the position taken by the Iraqi civil law No.40 of 1951 concerning this type of civil liability, it has enacted a general rule, in which the civil liability from illegal act is based upon the idea of trespass rather than fault. That is to say, the trespass-based liability. Notwithstanding the presence of some similarities between this type of liability and the liability based on the presumed fault in civil law.

Noting is permanent but the change is permanent, it is pertinent to everything of the world. Constitutions of the nations are not special cases to it. A Constitution confined once ought not stay as it until the end of time. It must be amendment as per needs and conditions of the nation. Constitution is the law of land, so it must be adoptable to each age of the nation, it is conceivable through revise capacity of the Constitution with proper techniques. Iraq and India, both are autonomous, rule-based, delegate, republic and Parliamentary nations. Previous it is ruled by their Constitution from most recent 14 years of the beginning of the Constitution. While, later additionally oversee by their Constitution from 1950 till date. Amendatory Clause of the Indian Constitution made it living and dynamic one with in excess of 444 Articles, 12 Schedules and 22 Part, experiencing 102 amendments, though, no single amendment held to the Iraqi Constitution inside 14 years of the beginning of the Constitution. Henceforth, here endeavor is made to center correcting arrangements of the two nations with their wordings, attributes, systems and obstacles in their ways with couple of proposals.

Between the current of partisanship experience and its past politically, legally, under the crisis regimes that Iraq has experienced. The researcher has tried to discuss through this research a number of problems related to partisanship experience in a country which is multi-religious and ethnic with different political loyalties, after lawlessness and recidivism of the constitutional state, it is replaced by customs of the one-party system which is known as political despotism. After the events of 2003, Iraq has unexpectedly opened to pluralistic political practice. The new political factions, with their political and sectarian behaviors, have sought to capture quotas of the fledgling Iraqi state from the ruins of recidivism and war. This was accompanied by the absence of strategic political views and a lack of legislation to organize the work of political parties in Iraq, which made money, stability and security of the Iraqi state in a serious danger, probably the event of financial and administrative corruption, collapse of western Iraq cities, and the fallen of thousands of civilian martyrs daily by terrorism, are indicative evidence of the danger that connected the experience of partisanship without a law. The new law of political parties No. (36) for the year 2015 in force on 11-12-2015 came, to organize the chaos of the work of political parties , to put an end to the state of interference between what is the work of the oligarchy party and what is the Urban organization, and to disarm each party of any military aspect, despite many legal loopholes have already been identified, which the researcher is attempting to refer to.

The texts of Iraqi constitution implied the essential components of political decentralization, specifically as regards territorial autonomy, and the distribution of competences between the federal and territorial authorities, but what must be pointed out in this respect , the text alone is inadequate, to ensure that, previously mentioned, distribution is not exceeded. The constitution must imply the procedures that involve the stability and constancy of this distribution, as well as its application, on the contrary, the federal system cannot be properly applied, so long as the federal authority prejudices the competences of territory whenever it wants, the constitution consequently endorses in setting up a Federal Supreme Court and makes it part of the judicial institutions, its role is to control, the constitutionality of the laws, existing legislation, explanation the texts of constitution. The law ensures that the Council of Ministers, individual stakeholders and others, have a holistic right to appeal directly to the court in the case if any of the constitutional texts are infringed.

Despite the arguments to put a specific definition , dangerous products can be defined as the products that do not have the element of safety and security which would cause tort to the consuming person, even if this tort is in the future. As the result, it differs from the products that are dangerous in nature, in order for the proof process to be completed, the three pillars must be available, which are defect, tort, and causation between them, and since it was unfair to prove these pillars on the aggrieved person. The legislator has put the responsibility for proving the defect on the judiciary, and the latter has to give the aggrieved person some legal presumptions to prove tort and causation between them, because of insufficient evidence covered by the law to prove that these products are defective, it also needs other evidences which keep up with development in the field of progress and technology.

The crime of enforced disappearance had a significant impact over a victim and family members, requiring integrated compensation programs, including restitution of rights, rehabilitation, and financial compensation, for their losses. Furthermore, moral compensation for their satisfaction. The importance of this research lies to clarify international instruments and Iraqi legislation which affirmed the right of children to compensation for the crime of enforced disappearance and gave specific importance to vulnerable group of victims, in addition to indicate to what Iraq fulfills its obligations in that respect. Therefore, the researcher divides the research into an introduction and three sections, the first section is allocated, to demonstrate the international instruments concerned with children\'s rights to compensation, and forms of compensation are included by these instruments, while the second and third section are illustrated, the impact of international instruments in Iraqi legislation and forms of compensation that included in Iraqi legislation. Finally, the research is completed, to a conclusion that implied the most important results and suggestions.

Representative democracy is considered one of the most widespread in the world today that aims to activate the role of population in selecting parliamentarians, who represent them within the dome of Parliament, to hold the authority and the final word. Government is exercised in the name of population by parliamentarians, for this reason, there is an impossibility for the population to hold authority on their own for a number of reasons, implying enormous number of people, the lack of understanding of this system by majority of the population, or lack of awareness of political and economic issues, so the significance of parliamentary system Or Parliament where guarantees must be put in place to protect this function - the parliamentary function. Parliamentary work must be informed by guarantees which ensure the right to do it, and most constitutions are decided on a set of guarantees that protect the parliamentary function itself, as these guarantees begin with the oath which is the basis for the parliamentarian to begin his parliament’s function, and the duty to attend the session of legislative and supervisory significance, as well as full-time parliamentary work, are no less relevant than their predecessor and are the basis for the separation of authorities. As for preventing financial transaction with state, its guarantee is taken up by most legislation to end the favoritism by the government for members of Parliament before this member turns a blind eye to its mistakes. Thus, an end of the Council's independence by termination its membership for several things and reasons about legislation which is considered as a penalty for infringing the duties of parliamentary membership. Moreover, they are applied through the text in Iraqi constitution and comparative constitutions, as well as in the laws and internal systems of parliamentary councils, and all of this differs from one country to another depending on the degree of its development and maturity of its political system, its traditions and customs, as conventional and normative play a major role in the emergence and stability of these guarantees.

In fact, The environment in natural state is balanced with all its constituent elements which were set up with it, and to estimated volumes and qualities that ensure the environmental balance, however the human being and through his destructive intervention in the environment via contamination which causes many problems related to his projects and installations, specifically radioactive, which assumed dimensions not only environmental but also serious economic, social dimensions , therefore states who strove to confront increased risk resulting from contamination by monitoring the huge amounts of money to struggle it via legal regulation, in particular the criminal law indicates that actions causing contamination and to establish the criminal liability of the infringement to those acts, besides, imposition of deterrent penalties in order to protect the environment, and to ensure the human right to live in a healthy and clean environment.

The right of response or correction is a means in which underlines commitment of newspaper to accuracy in what is published, as in there is prior censorship by the newspaper itself before publication, or the newspaper to be held legal accountability as a result to abuse of copyright, and modern penal legislation were held, including Iraqi and Egyptian law, since the newspaper is published or is broadcasted the media material to penal and civil liability in the case of refusal on publishing the response or correction received by the persons concerned. Basically, the study indicated that there is a difference in expressing this right, therefore the Iraqi legislator called it a "right of response" and the Egyptian legislator called it a "right of correction", and each of two laws determined the penalty which is due to impose in the case of refraining and indicating cases of permissibility to refrain, and apology for publishing the response or correction, also the study sought to reflect the legislative deficiency in Iraqi law.

Undoubtedly, the constitution is the supreme law in the state, which is overarching from other laws, except that it (i.e. the constitution) is, eventually, a man-made legislation ,therefore, it would not be reasonable to fully cover all disputes, consequently, the judge will find a solution for the dispute which is presented to him in the case of a lack of legislation, and this solution is found by the judge contributes to the establishment of a legal rule if it would be taken by other courts, where this rule is called general legal principles. The position of jurisprudence, has differed in the countries, which is addressed the comparison in terms of the possibility of ruling on the constitutionality or the unconstitutionality of the impugned law as unconstitutional based upon the general unwritten legal principles. The research addressed the basis of the general unwritten legal principles and their mandatory status, and the research also presented the position of these legal principles in the countries such as, France, the United States of America, Egypt and Iraq, and the research shed light the hierarchy of the general unwritten legal principles, as well as the research enhanced some decisions connected to the topic in comparative system. Finally, the research completed with the most important results which were achieved and the recommendations that extracted from the scope of constitutional control of laws on the basis of general unwritten legal principles according to what the researcher deems.

The crime of enforced disappearance had a significant impact over a victim and family members, requiring integrated compensation programs, including restitution of rights, rehabilitation, and financial compensation, for their losses. Furthermore, moral compensation for their satisfaction. The importance of this research lies to clarify international instruments and Iraqi legislation which affirmed the right of children to compensation for the crime of enforced disappearance and gave specific importance to vulnerable group of victims, in addition to indicate to what Iraq fulfills its obligations in that respect. Therefore, the researcher divides the research into an introduction and three sections, the first section is allocated, to demonstrate the international instruments concerned with children's rights to compensation, and forms of compensation are included by these instruments, while the second and third section are illustrated, the impact of international instruments in Iraqi legislation and forms of compensation that included in Iraqi legislation. Finally, the research is completed, to a conclusion that implied the most important results and suggestions.