Proceedings of " DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION" Conference最新文献

{"title":"Electoral system as a motivation to reforming political system- The Iraqi model","authors":"S. Ahmad","doi":"10.21928/uhdicdial.pp290-310","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp290-310","url":null,"abstract":"The flaws and major flaws in the political systems represent one of the main motives that push the political elite towards making fundamental reforms, especially if those reforms have become necessary matters so that: Postponing them or achieving them affects the survival of the system and the political entity. Thus, repair is an internal cumulative process. It is cumulative based on the accumulated experience of the historical experience of the same political elite that decided to carry out reforms, and it is also an internal process because the decision to reform comes from the political elite that run the political process. There is no doubt that one means of political reform is to push the masses towards participation in political life. Changing the electoral system, through electoral laws issued by the legislative establishment, may be the beginning of political reform (or vice versa), taking into account the uncertainty of the political process, especially in societies that suffer from the decline of democratic values, represented by the processes of election from one cycle to another. Based on the foregoing, this paper seeks to analyze the relationship between the Electoral and political system, in particular, tracking and studying the Iraqi experience from the first parliamentary session until the issuance of the Election Law No. (9) for the year (2020).","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"00 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114192667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"constitutional inflation","authors":"Abdulhamid Alawaq","doi":"10.21928/uhdicdial.pp1-17","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp1-17","url":null,"abstract":"One of the methods that the authority uses to empty the constitutional text of its content and prevent it from achieving its goal is its resort to the two phenomena of “constitutional inflation” in sites that the nation does not need, and “constitutional failure” in sites that are expected from the text to protect public rights and freedoms or prevent an authority from overpowering the rest of the authorities. This is how the authority did in the Syrian constitution of 2012. It resorted to both phenomena together to achieve its goal of using the constitution as a tool and not as a control of the authority’s work. If legislative inflation is clear to legal jurisprudence, constitutional inflation is shrouded in ambiguity, so it resorted to a procedural definition of the research paper and considered every constitutional rule that does not bear the status of binding as a type of inflation. then I applied this definition to the general principles contained in the Syrian constitution in 32 articles, unlike democratic constitutions, which are shortened to articles regulating the general principles of the state. It became clear to me that only five articles are binding and the rest are non-binding guiding articles that are not suitable for reliance on judicial review. I have studied the rule (Islamic jurisprudence is a major source of legislation) in Syria and Egypt, and it has become clear to me that the authority intends to put it into place as a kind of distraction from paying attention to the rest of the constitution’s rules regulating public liberties and powers, even though the constitutional doctrine considers them to be non-binding. The struggle between the components of the people is still going on when drafting any constitution on general principles, most of which do not carry legal value.","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126889122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Documentary credit between international rules and norms and Iraqi trade law","authors":"Hardi Tofiq","doi":"10.21928/uhdicdial.pp164-180","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp164-180","url":null,"abstract":"The difference in the countries to which both the seller and the buyer belong in the commercial exchanges has increased the discrepancy in the laws and rules that govern the conduct of the most important banking count approved for the settlement of such exchanges, which is the documentary credit process, as a result of the different economic, banking and financial systems from the other, so there was a need to unify These customs and customs are in a unified form, which is called today the unified rules and customs of documentary credit, which are applied to the conduct of documentary credit contracts at the global level. Therefore, we consider it necessary to make an amendment in the Iraqi law regarding the organization of the documentary credit process, because the articles related to the provisions of documentary credits are not sufficient in themselves to indicate all the problems that may result from it due to developments in international trade.","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"17 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114124233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Difficulties in issuing the constitution of the Kurdistan Region","authors":"Latif Amin","doi":"10.21928/uhdicdial.pp181-190","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp181-190","url":null,"abstract":"The Constitution is the basic law and from it all authorities derive their powers and the legitimacy of their actions, through which the form of the state, its government, its system of governance, the nature of authorities, their competencies, the relations between them, and their limits are determined, in addition to determining the rights of citizens: individuals and groups, and ensuring the performance of these rights for them. It is the right of any region or state in the federal state to have a constitution, and in the Kurdistan region it was possible to establish a constitution for the region since 1992 after the issuance of the federal statement by the Parliament of Kurdistan, which decided to define the right of the Kurds to disobey as a formula for peaceful coexistence in federalism, but this was not done, Since the issuance of the Iraqi Constitution of 2005 and its entry into force in 2006 and its recognition of the Kurdistan Region as a region within federal Iraq, the region should have drawn up its constitution based on the provisions of Article 120 of the Constitution. Undoubtedly, there are several internal and regional reasons and obstacles that stand in the way of the enactment of the constitution in the most valuable of them - There is no single supreme authority in the region, but there are two authorities, one in Erbil and the other in Sulaymaniyah, both of whom consider themselves equal to the other The regional impact represented by the interventions of the two neighboring countries, Iran and TurkeThe absence of the mentality of the statesmen, but the mentality of the men of power and the party, and looking at the constitution from a narrow hierarchical perspective. In order for the region to have a good constitution, these obstacles must be removedy","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115671880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Manifestations of legislative shortcomings in the Iraqi constitution","authors":"Yamamah Kashkool, wael Al-bayati","doi":"10.21928/uhdicdial.pp42-51","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp42-51","url":null,"abstract":"\"The period of approving the Constitution of the Republic of Iraq for the year 2005 was surrounded by a state of political turmoil that usually accompanies any transitional phase that carries many political variables through the transition from a phase of dictatorial rule to a new phase bearing the features of democracy. In its approval, the lack of clarity in the political vision and the weakness of the constitutional legal culture of its authors, as well as the way in which it was approved by a popular referendum, which is voted on by yes or no, and does not allow an opportunity to discuss its articles and articles and diagnose its shortcomings. One of the shortcomings in our constitution is that it does not refer to regulating the resignation of the Prime Minister. This position has a political nature, and an administrative nature, and its occupant has the right to decide not to continue with this position and be satisfied with working in this field for any reason, and this must be in accordance with the context Organized legal, which is known as resignation., and this is what we dealt with in this research. For the purpose of researching this topic, we asked a research question that is... How can we address the legislative shortcomings that surrounded the Constitution of the Republic of Iraq for the year 2005 and related to regulating the resignation of the Prime Minister? From this research question, we derived several secondary research questions... 1- What is the limitation of legislative shortcomings? 2- What are the reasons for the legislative deficiencies in the Iraqi constitution? 3- Does the Prime Minister have the right to resign during his tenure? 4- To whom is the resignation submitted? 5- Who is the party that decides whether or not to accept the resignation? 6- What are the procedures that follow the acceptance of the resignation? By discussing these questions, we will try to reach the possibility of developing a legislative text that deals with a complete organization of the resignation of the Prime Minister, especially since the idea of ​​amending the constitution and to this day is still valid and possible, because many political, social and economic conditions in the country have changed from the time of entry into force of this constitution, which makes the idea of ​​the amendment obligatory and necessary\"","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117097063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The impact of the absence of the constitution of the Kurdistan region on extending the term limits of the legislative and executive authority","authors":"K. Abdullah","doi":"10.21928/uhdicdial.pp123-140","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp123-140","url":null,"abstract":"Legislative and presidential power, and the center of the constitution in all political systems, after presidential elections. This period has been suspended for a long time. However, it is possible for the institutions that can do this, because there is a constitution in their vicinity, for the exemplary assembly that can be done by the institution that can do this easily, by opening the door to extension, what happened . Actually in the region. To do the constitution by the constitution","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131594635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Electoral systems applied to the Iraqi parliament elections after 2003 (comparative analytical study)","authors":"Kurdistan Saeed, Chawan Salah","doi":"10.21928/uhdicdial.pp277-289","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp277-289","url":null,"abstract":"This study deals with the electoral systems applied in Iraq after 2003 for the Iraqi Parliament elections. The issue's importance lies in the fact that elections are the legitimate means adopted by modern political systems based on the separation of powers. Therefore, after changing the political system in Iraq in 2003 from a one-party system to a democratic parliamentary system, the permanent constitution of 2005 granted the right to political participation for citizens. Including the right to participate in elections through nomination or candidacy for the Iraqi Council of Representatives, this study examines the electoral systems applied after 2003 and the reasons for the instability of the Iraqi parliament elections on a specific law. The study dealt with the types of electoral systems by focusing on the concept and emergence of elections and the most critical electoral systems adopted by political systems. Furthermore, the electoral systems applied after 2003 in the Iraqi parliament elections by focusing on the electoral laws or their amendments that preceded each electoral cycle since 2003 until now. The study concluded that the electoral system in Iraq was not legally stable; several amendments have been made to the laws regulating the elections for the House of Representatives. So the two elections did not repeat under one law because of political parties' criticism leveled at it. Moreover, the attempt by the large parliamentary blocs, through their control of the Iraqi Council of Representatives, to legislate laws that limit the victory of the blocs and small parties.","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130942157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The role of international law in dealing with national legislative deficit","authors":"Abdullah Alashaal","doi":"10.21928/uhdicdial.pp18-24","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp18-24","url":null,"abstract":"International law and national law and legal regime.The paper analyzed all situations in which the two systems of laws positively interact.The lacuna en droit is detested by the doctrine and all court levels,however,the national and international judges tend invariably to apply rules of exaequo et Bono,these rules are applicable by international arbitratios and law courts. The paper analyzed as well the rules that enable international law to perform it's job and the challenges they encounter the function.","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121661593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}