الحماية الدستورية للحريات الفكرية بموجب دستور جمهورية العراق لسنة (2005): دراسة مقارنة

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

0646905d-73a2-4718-81e4-e97df54eae4d

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

word

أسماء الملفات

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بيانات النشر

ترجمة العنوان

The constitutional Protection of Intellectual freedoms According to the constitution of the Republic of Iraq 2005: Comparative Study

ألقاب المؤلفين

[{"name_ar":"عقيل محمد عبد جاسم البهادلي","title_ar":"اشراف","title_en":"Supervision"},{"name_ar":"هديل هاني صيوان الأسدي","title_ar":"اعداد","title_en":"Preparation"}]

اللغة

Arabic

المصدر والدورية

اسم المصدر

الحماية الدستورية للحريات الفكرية بموجب دستور جمهورية العراق لسنة (2005): دراسة مقارنة

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

The Freedom of Thought received a great importance among the total human rights issues and got protected by the majority of constitutions of the world countries. This importance is resulted from the suffering of humanity through centuries and their struggle to get their freedom of thought and freedom of speech and other liberties. This leads to devote its issue at the constitutions to add the constitutional protection because of these the highness at the contexts upon the different legal articles. However, the constitution allows domination over some freedom of thought and deal with them via imposing provisions when legislator drafting their context. Preventing such aggression either by the legislative when laws are under setting out period or executive by sanction or permission that may reach the forfeiting of freedom of thought and freedom of speech and other freedoms of thought, the freedom of thought is granted national and international warranties that take care of individuals to enjoy these freedoms of thoughts. This may be achieved by legal framework designed for this purpose. Without these warranties the freedoms of thought of the individuals become merely undertakings or theoretical contexts. Thus, as the constitutional contexts securing the freedom of thought is clear, they are restricted by clear indicator to the extent that countries respect them. However, Does the content of article 46 of Republic of Iraq's Constitution on 2005 protect freedoms of thought from restriction or limitation? How can it be determined the core of the right or the freedom and how can we measure the activities of the national warranties to protect these freedom from being breached? Thus , the research – Constitutional Protection of Freedom of Thought in Republic of Iraq's Constitution on 2005- is divided into three chapters: The First Chapter dealt with definitions of Freedoms of Thought. It was divided into three sections. The First Section dealt with the concept of the freedom of thought. This section is branched into two parts. We showed at the first part the definition of freedom. The second part defined the freedom of thought. The second section dealt with differentiation of freedom of thought and recognition from its similarities. This section is branched as well into two parts. The first part dealt with recognition of freedom of thinking from the personal freedom. The section part dealt with recognition of the freedom of thought from the economical and social freedom. The third section showed the types of freedom of thought mentioned at Republic of Iraq's Constitution on 2005. It consisted of four parts. The first concerned with freedom of speech, the media freedom, religious freedom, education freedom respectively. Murky. The Second Chapter dealt with regulations of practicing freedom of thought. This chapter was divided into two sections. The first section showed the regulations for practicing freedom of thought during the normal conditions where we were introduced with the limits of freedom of thought at the first part of it. The second part dealt with types of organizational regulations to practice the freedom of thought. The second section dealt with the regulations of practicing the freedom of thought during exceptional conditions. The first part of this section showed the definitions of Marshal Law and terms of its application. The legal responsibilities incurred to the application of Marshal Law was treated at the second part. The Third Chapter included the warranties to practice freedom of thought. It was divided into two sections. The first of which is dealt with the legal warranties. It included the written constitution, law domination, separation among authorities, monitoring the validity of laws and of the jobs of executive authority . The second section dealt with the political warranties embodied by the public opinion and civil society organization and the right to resist the tyranny . The research was ended with conclusion and recommendations.The Freedom of Thought received a great importance among the total human rights issues and got protected by the majority of constitutions of the world countries. This importance is resulted from the suffering of humanity through centuries and their struggle to get their freedom of thought and freedom of speech and other liberties. This leads to devote its issue at the constitutions to add the constitutional protection because of these the highness at the contexts upon the different legal articles. However, the constitution allows domination over some freedom of thought and deal with them via imposing provisions when legislator drafting their context. Preventing such aggression either by the legislative when laws are under setting out period or executive by sanction or permission that may reach the forfeiting of freedom of thought and freedom of speech and other freedoms of thought, the freedom of thought is granted national and international warranties that take care of individuals to enjoy these freedoms of thoughts. This may be achieved by legal framework designed for this purpose. Without these warranties the freedoms of thought of the individuals become merely undertakings or theoretical contexts. Thus, as the constitutional contexts securing the freedom of thought is clear, they are restricted by clear indicator to the extent that countries respect them. However, Does the content of article 46 of Republic of Iraq's Constitution on 2005 protect freedoms of thought from restriction or limitation? How can it be determined the core of the right or the freedom and how can we measure the activities of the national warranties to protect these freedom from being breached? Thus , the research – Constitutional Protection of Freedom of Thought in Republic of Iraq's Constitution on 2005- is divided into three chapters: The First Chapter dealt with definitions of Freedoms of Thought. It was divided into three sections. The First Section dealt with the concept of the freedom of thought. This section is branched into two parts. We showed at the first part the definition of freedom. The second part defined the freedom of thought. The second section dealt with differentiation of freedom of thought and recognition from its similarities. This section is branched as well into two parts. The first part dealt with recognition of freedom of thinking from the personal freedom. The section part dealt with recognition of the freedom of thought from the economical and social freedom. The third section showed the types of freedom of thought mentioned at Republic of Iraq's Constitution on 2005. It consisted of four parts. The first concerned with freedom of speech, the media freedom, religious freedom, education freedom respectively. Murky. The Second Chapter dealt with regulations of practicing freedom of thought. This chapter was divided into two sections. The first section showed the regulations for practicing freedom of thought during the normal conditions where we were introduced with the limits of freedom of thought at the first part of it. The second part dealt with types of organizational regulations to practice the freedom of thought. The second section dealt with the regulations of practicing the freedom of thought during exceptional conditions. The first part of this section showed the definitions of Marshal Law and terms of its application. The legal responsibilities incurred to the application of Marshal Law was treated at the second part. The Third Chapter included the warranties to practice freedom of thought. It was divided into two sections. The first of which is dealt with the legal warranties. It included the written constitution, law domination, separation among authorities, monitoring the validity of laws and of the jobs of executive authority . The second section dealt with the political warranties embodied by the public opinion and civil society organization and the right to resist the tyranny . The research was ended with conclusion and recommendations.

إشراف وإعداد

الإشراف

عقيل محمد عبد جاسم البهادلي

الإعداد

هديل هاني صيوان الأسدي

الاقتباسات الببليوغرافية