التجريد من الجنسية بين المبادئ الدستورية و الدولية : دراسة تأصيلية في ضوء التجربة العراقية

الملخص EN

The right to a Nationality has become an important human right.

Nationality is a means of enjoying the rights and freedoms of individuals in their States, without which a person becomes a foreigner who cannot enjoy a system of rights and freedoms.

Constitutional principles have affirmed this principle, as iraq's permanent constitution of 2005 laid the foundations (the right to nationality), made nationality as the basis of citizenship, and prohibited the revocation of nationality from genuine Iraqi citizen for any reason.

Before that, international principles reinforced this meaning, affirming international conventions and the provisions of international justice (the right to nationality) as an important human right, and also prohibiting the arbitrary denationalization of nationality because of the many problems that this creates for the individual and his family.

While States are internationally free to regulate nationality, in accordance with the international principle known as "state freedom to regulate nationality", this freedom is not olute, but is restricted by several restrictions.

These restrictions are aimed at preserving the interests of both States and individuals by allowing States to strip some individuals of their nationality in special cases, but they do not permit and prohibit such ion if it is arbitrary.

The 2005 Iraqi Constitution went further, prohibit (the revocation of Iraqi citizen by birth) at all, and for whatever reason, whether arbitrary or not.