دور القضاء في حماية الحق في حرية التظاهر السلمي : دراسة مقارنة

Abstract EN

Freedom of peaceful protest become one of public freedom and most significant and effective on individual and society, and it is no longer as inaccessibility in Arabian homeland, it is become clear this freedom available because of what happen by effect of this freedom in Arab countries.

The significant of this freedom lies in of what it represent as one of important abreaction outlet of political non political opinions, it is has great part to enable people role to participate in politician, and also consider on of pressure means which practice by people on rulers for push them to adopt them decision .

This research divided to two topics, first topic dedicate to right concept from where, second topic it had been specialize to guarantee this legal right whether institutional or administrative .has been reached to the conclusion more significant are, the peaceful protest right one of constitution grantee rights even if it not mention in constitution document it remain one of original rights, constitution determine right but not reveal it, the constitution judgment has great rule to protect this right by stop the implementation of the orderly law to protest if this law was unconstitutional, or object on it before issue it , Coalition Provisional Authority in Iraq order no 19 year 2004 didn’t mention to contestation on decision relate to protest .

The freedom of expression law project and peaceful protest assign to the court of first instance task to relate the appeal on the right.

The most important of conclusion represent by there is obvious legislative lack at Coalition Provisional Authority order no.

(19) Year 2003 so that we suggest acceleration to lawmaking law organize right in freedom of peaceful protest.

The project of freedom of opinion expression and gathering and peaceful protest in current formula unjustly to the individual rights so that the Iraqi parliament reconsider this project, in case of issuing the freedom of opinion expression law and gathering and peaceful protest in current formula so that the federal court has to take its part in this field by abolishment of individual right to peaceful protest .