الضمانات الدستورية للحقوق الجنائية دراسة مقارنة في الدساتير العراقية

Abstract EN

onstitutions represent the axis of balance between power and freedom, where proper legal thought requires that the constitution of the state regulate the equation between power and freedom by regulating the political authority of the state in terms of determining its competence and how to form it, as well as organizing and guaranteeing public and individual rights and freedoms.

The Constitution regulates criminal rights in the face of the texts of criminal laws in both its branches (both substantive and formal), because criminal law is the most important law that derogates from these rights.

Which was included in the permanent Iraqi constitution in force in 2005, which included various texts that laid down the foundations of the criminal law, both in its substantive and formal form, to the extent that the constitutional legislator turns to the constitution of the criminal law.

The analysis of this research is not limited to this constitution, This paper dealt with the issue of the constitutional legality of the texts and criminal rights that came out of most of the Iraqi constitutions since the 1925 constitution.

The Iraqi constitutional constitutions followed this up to the 2005 Constitution.