Volume 8, Issue 1, Winter 2018

Prejudice of the Class System in the Iraqi Criminal Law

Mufeed Nayyef Turkei

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 1-19
DOI: 10.37651/aujlps.2018.172322

The class system is the basic pillar in all societies regardless of its progress and development. Therefore, the subject of its protection criminally and the manifestation of prejudice to it is one of the subjects that must be given share in our research and study in light of the ramifications and expansion of patterns of prejudice. And the lack of legal studies on the other hand. Our daily lives are full of incidents of discrimination in treatment between classes. Many individuals and even decision-makers still have a class view of some members of the society who differ from them in a religious way or in a belief. Moreover, the media and religious speeches contribute to the seeds of division between the one country, but it came even among the people of one city, which violates the rights of weak social groups, which have no choice and strength. All this necessitated to need of establish of criminal protection for these groups through the prohibition of all behaviors that involve and make discrimination in treatment and thus the violation of civil peace, which is one of the pillars of the internal security of the state and this is what the Iraqi criminal law has ratified and ratified by many international treaties and conventions.

Revoking legislation for violating the principles of Islam Reading in accordance with the 2005 Constitution of the Republic of

walleed. m.almakzomy

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 20-36
DOI: 10.37651/aujlps.2018.172326

The research aims to clarify the course of the legislator, in the Constitution of the Republic of Iraq for the year 2005 in force and the legislations against him in determining the status of Islam from the legal system and to indicate its effect on the provisions of the legislation in that he categorically prohibited the enactment of any legislation that contradicts the constants of Islam, It has a history of execution when applying these texts and implementing their provisions.In addition, aims to prove the cancellation of the provisions of the Constitution by the text of the Constitution because of contradiction and does not contradict these provisions with the constants of Islam, which made the constitutional street measure by which the invalidity of the legal text or validity depending on the compatibility of this text with it or release it.

The role of constitutional judge in politicising the laws and judicialising the politics

Maher Fasel Saleh

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 37-59
DOI: 10.37651/aujlps.2018.172328

It is not a discovery that the constitutional judge has played a vital role in political life, which cannot be indispensable in nowadays. This is due to the strategic position the constitutional judge has occupied in many areas, whether legal, economic or political aspects. This importance can be evidently seen through the expended jurisdictions are exercised by the constitutional judge, which enabled him to determine the nature of its relationship with other political institutions. Under this shift, a constitutional court is no longer confined to declaring the unconstitutionality of statutes if they are contrary to the Constitution, and simply annulling them, but rather takes on a positive power to create statute law, such as by assisting the legislative branch to fill constitutional gaps caused by legislative omissions. Such development requires a number of changes occurs in the nature of its jurisdiction, it is no longer limited to the legal or judicial role, but it has been involved in the political scope through the politicalising the laws and judicialising the political activities. The existence of such facts led us to single out a study lead to raise many questions, perhaps the most important one is to examine the nature of the constitutional judge. This study also aims to determine the extent to which the shift of the role of the constitutional judge affects the political process, and discovers the legal and political scope of its role to overcome the challenges that can be faced through restructuring the constitutional jurisdictions. These questions raised by this study showed the importance of the development of the constitutional judge's role. Obviously, these questions need to be answered. This led us to study a specialized study of this subject, where we found that the judge has a vital role in politicizing laws and judicialising the politics.

Civil liability of police officers arising from damage to High-Speed Pursuits - study in light of the position of law and the American judiciary

Haider flayh Hassan

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 60-80
DOI: 10.37651/aujlps.2018.172330

Since the invention of the automobile, no aspect of American life, including crime and its control, has remained untouched by this far-reaching innovation in transportation. Vehicular "hot pursuit"-when suspects in motor vehicles use excessive speed in attempting to elude the police.Unfortunately, accounts of wild chases across crowded inner city streets, through tree-lined suburban boulevards, and over remote country roads are very real and not merely fictional material created for entertaining television and motion picture audiences. The specter of "hot pursuit," complete with screaming sirens and red or blue flashing lights, has become a recurring fact of modem life.1 So, too, are the mishaps involving police vehicles or the vehicles pursued by the police. Pursuit-related accidents causing personal injury, death or property damage very often lead to lawsuits claiming negligence on the part of police officers, their supervisors and their governmental employers. Some of these suits have resulted in six or seven figure awards and several have nearly bankrupted some municipalities and townships.

The transformative approach of diplomatic protection in international law

Husam Abdul Ameer Khalaf; Malk Mansi Salih

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 81-104
DOI: 10.37651/aujlps.2018.172332

As we know, change is part of continuity, so it is normal that many transformations of public international law leaves its effects gradually own the institution of diplomatic protection, as the mirror reflects the path above which it is walked. That is to say, diplomatic protection is above all a framework, a remedy.In this sense, it does not offer abstract content; it is oriented towards a goal: the protection of the injured person and the reparation of the harm. It is above all the right of the person to his State in exchange for the commitment to other countries vis-à-vis the people who reside there, regardless of nationality because it is primarily related to human character.

Civil protection of the consumer in the stage prior to the electronic contracting

Ali .M. Abdul – Saheb

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 105-136
DOI: 10.37651/aujlps.2018.172333

The civil protection of the consumer in the electronic contracting begins from the stage that precedes the contracting, and this is axiomatic, in terms that such stage putting the principles of contracting where the pre-electronic contracting stage may cause damages to consumer which is the weaker party in the contractual relation in comparison with the professional party which is technically and economically qualified.The protection of the electronic consumer in this stage is that the consumer must be informed with the essential data and information related to the electronic contracting and its protection against the electronic advertisements. Therefore, this study shall be divided into two researches: First research :the obligation of informing the consumer before the electronic contracting stage.Second research :the protection of consumer against the electronic advertisements

Prohibition of Children’s Participation in Armed Conflicts, according to International humanitarian Law and its Application Requirements

Khalid Awad Hammadi

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 137-174
DOI: 10.37651/aujlps.2018.172334

Human societies have known different types of exploitation, conscripting children for combat could be one of its hideous forms which appeared in the past and is still currently widespread. In spite of international legal efforts which have been exerted to face such conduct and the continuous efforts to hold its perpetrators accountable, along with the developments in human rights – including children’s rights – on the international level which is expressed by international protection for children’s rights in the form of agreements and legal conventions and principles, but this did not prevent those of special interests and war traders from violating children’s rights and using them as soldiers, which places us before a painful undeniable reality which is the escalation in the numbers of children participating in armed international/internal conflicts, where some statistics point out that hundreds of thousands of children are being willingly/unwillingly conscripted whether in governmental armed forces which follow some countries or by armed groups, and then they are participated in armed conflicts. Some actually participate in combat operations while some have a supporting role for such operations. The rule of banning children’s participation in armed conflicts according to international law necessitates determining the meaning of “child fighter” under this law, identifying the reasons which stand behind children’s enrollment in military work (on the assumption that these reasons are diversified) with shedding light upon the available legal rules to enhance the ban and their effectiveness, thereby judging their sufficiency. Also, determining the practical application’s requirements for protection against conscription, by guaranteeing its efficiency, which is what this study aims to illustrate.

Towards an effective legal confrontation against the crime of illicit gain in Iraq

Ouda Yousif Salman; Mohammed Ibrahim Khudair

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 175-199
DOI: 10.37651/aujlps.2018.172337

The public opinion in Iraq attests that Iraqi society as well as the Iraqi state is facing a vicious attack by weak people in the public and private sectors. This has resulted in an increase in crimes against public service and crimes against public money which have affected the economic and financial situation in Iraq, And the absence of strategic projects. This makes the study of the crime of graft very important, and the existence of a law that penalizes this crime is ineffective, prevents the maximum protection of criminal interests protected by punishment And the importance of working to activate the role of the criminal law in the face of this crime.This brief study deals with the definition of the crime of graft, and the interest in the place of criminal protection punishable by it, and clarifies its legal structure and its specificity, And factors that would activate the role of criminal law in combating this crime.

Democracy and political pluralism

Noora Ketaf Hidan

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 200-223
DOI: 10.37651/aujlps.2018.172339

Political Pluralism played an important role in the course of the development of Democracy. First, it contributed to the transfer of Democracy from the theoretical dimension to the practical dimension, and its form was adopted as a criterion for classifying the development of Democracy; because of the concept of Political Pluralism meant defining the relation of Democracy to the concepts of participation, equality and government response to demands, interests, linked to each other in Western thought, and explain the components of Western theory of Political Pluralism. The relationship between Political Pluralism and Democracy is a relationship of mutual influence; one affects the other negatively and positively, and may be this relationship according to mathematical formula as a positive.

The Disciplinary Violations and the Evidences to Prove Them in the Administrative Investigation

Ahmed Sarhan Saud

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 224-241
DOI: 10.37651/aujlps.2018.172341

This research deals with the nature of the disciplinary violations with its evidences and the extent subject to the principle of legality and obstacles encountered in the application of this norm, as they relate to the multiplicity of actions which are violations and diversity to a large mark, which makes the difficult note in all its aspects and details. This make the disciplinary authority having difficulty depending on the issues that are being investigated, especially those violations that take forms of technical nature, which requires research and investigation for evidence to prove or deny disciplinary infractions.

Determination of Author Status under Conflict of Laws Rules

Ekhlas Mokhles Ibrahem

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 242-284
DOI: 10.37651/aujlps.2018.172343

Intellectual property is a category of rights that have a special character because of the nature of their aspects personal and financial aspects. This has made it difficult to determine of the author's character and law governing these rights when a conflict occurs in the area of private international relations. The change from traditional medium to the interactive medium, through which the intellectual works are, published, diffused and circulated, make difficult to apply the traditional connecting factors and stimulate the research for new criterions derived from the electronic medium and its techniques.

The obstacles facing the work of the International Criminal Court (ICC)

Laith N. Hamee

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 1, Pages 285-300
DOI: 10.37651/aujlps.2018.172344

The International Criminal Court is created to be as first permanent international criminal judicial court in history of international community. It is following the perpetrators of the most serious crimes in the world such as crimes of war, genocides, crimes of humanity and crimes of aggression. The Court is created to be as a court of last resort, so the Court is adopted the complementary principles. The court will not interfere in any case unless if the national judicial system failed to try perpetrators of these crimes. After 15 years of application of Rome Statute, the Court face now some obstacles or perspectives these obstacles have become as challenges in front of the Court when it wants to spread the criminal justice in the world. These obstacles are identifying by some of international scholars. However, the most important perspectives are the Security Council Referral, sovereignty of states and cooperation of all states.