حرية التظاهر السلمي في دستور العراق لعام 2005 م

Abstract EN

Today, freedom of peaceful demonstration of public freedoms of great importance and influence on the level of the individual and society is no longer free, at least in the Arab world, of the far-fetched freedoms of the citizen.

This freedom has become possible thanks to the historic change in a number of countries The importance of this freedom in being one of the most important exits to vent political and non-political opinions, and it has a great role in activating the role of peoples to participate in political life, and is also a means of pressure exerted by the peoples on the rulers in order to push them to make the decision he wants.

This research has been divided into two sections.

The first topic was devoted to the meaning of freedom of peaceful demonstration and its relation to similar groups.

The second subject:.

Constitutional and judicial guarantees of freedom of peaceful demonstration.

The most important of these conclusions was that the right to freedom of peaceful protest is guaranteed by constitutional rights, and even if it is not mentioned in the constitutional document, it remains an inherent right.

The Constitution recognizes rights and does not reveal them.

The constitutional judiciary has a great role in protecting this right from During the suspension of the implementation of the law regulating the demonstration if the law is unconstitutional, or objecting to it beforehand, and that the draft law on freedom of expression and peaceful assembly and demonstration has been entrusted to the Court of First Instance the task of considering the appeal of the right in question.

The draft law on the freedom of expression, assembly and peaceful demonstration in its current form is unfair to individuals.

Therefore, the Iraqi Council of Representatives should reconsider this draft.

In the case of the Freedom of Expression Law And peaceful assembly and demonstration in its current form, the Federal Court takes its role in this area by abolishing the protection of the right of individuals to peaceful demonstration