التنوع الفلسفي في أحكام دستور جمهورية العراق لسنة 2005

Abstract EN

The existence of a state or its political authority cannot only be imagined within the framework of human society.

The establishment of a balance between power and freedom is the purpose or philosophy The constitutional legislator achieved it after its organization within the framework of the Constitution.

The philosophy of the constitutions varied in establishing this balance with the diversity of ideology affecting it; because each ideology has its own understanding of the idea of power and freedom.

The fundamental change that took place in Iraq at the level of the system of government, the form of the state and the distribution of powers, rights and freedoms over the Iraqi constitutional legislator considered the balance between power and rights and freedoms by combining Islamic philosophy and Western philosophy in the Constitution of the Republic of Iraq in 2005.

Despite the differences between them in the organization of rights And freedoms, we find that Islamic law has a special philosophy to regulate the rights and freedoms are different from that of the Westerners, and may agree at other times and all this in turn reflected in the constitutional documents which are naturally followed in the organization of personal rights and freedoms and Of the prevailing philosophy of society.

Accordingly, the legislation regulating these rights should be enacted in light of the concept adopted by the provisions of the Constitution.

This is clearly seen in the Constitution of Iraq of 2005, which made the provisions of the Shari's a major legal idea, Between rights and freedoms on the one hand and the higher legal idea on the other, which will be the subject of research.