The legal regulation of the right to freedom of movement under ordinary circumstances and during the Coronavirus pandemic - Iraq as a case study model
Section: RESEARCH
Abstract
The aim of this paper The legal regulation of the right to freedom of movement under ordinary circumstances and during the Coronavirus pandemic as exceptional circumstances - Iraq as a case study model is to study the right under the 2005 Constitution, and other legislative and administrative rules regulating the right in Iraq. To achieve the study goals, an analytical descriptive approach is used. It can be argued that the constitution has some fundamental flaws in regulating the right, and some administrative procedures taken during the pandemic have no clear basis in law. With the absence of judicial decisions, it is imperative to amend the Constitution and also to ensure the subjection of laws and administrative procedures to judicial review to provide protection for individuals against state power especially fundamental rights and freedoms.
References
- * The Holy Quran
- - Mahmoud Saleh Hamid Al-Tai, Personal Human Rights in the Light of Security Measures, Master Thesis, College of Law, University of Mosul, 2009.
- - Aya Nael Musa Aladdin, The Role of the Administrative Judiciary in Protecting Personal Freedom in Palestine, Master Thesis, College of Graduate Studies, Al-Quds University, 2017.
- - Dr. Esmat Abdel Majid, the right to travel is one of the basic human rights, research published in the Journal of Comparative Law, Issue 41, 2006.
- - Dr. Tharwatbadawi, Political Systems, Dar Al-Nahda Al-Arabiya, Cairo, 1975.
- - Edmond Rabat, The Mediator in Constitutional Law, second edition, Dar Al-Ilm for Millions, Beirut, 1971.
- - Ibrahim Mustafa, Ahmed Hassan Al-Zayat, Hamed Abdel-Qader, Muhammad Ali Al-Najjar, Al-Mujam Al-Waseet, Part One, Egypt Press, 1960.
- - National Safety Law No. 4 of 1965.
- - The Law of Administration for the State of Iraq for the Transitional Period of 2004 (cancelled).
- - The official website of the General Secretariat of the Council of Ministers: http://www.cabinet.iq
- - Dr. Mahmoud Sherif Bassiouni, International Documents Concerning Human Rights, Volume Two, Islamic and Regional Documents, first edition, Dar Al-Shorouk, Cairo, 2003.
- - Mahmoud Abdel-Zaher, Closed Borders, Hardo Center for Supporting Digital Expression, Egypt, 2018.
- - Dr. Wissam Sabbar Al-Ani, Administrative Judiciary, first edition, Al-Sanhoury Library, Baghdad, 2013.
- - Dr. Hamid Hanoun Khaled, Human Rights, first edition, Al-Sanhoury Library, Baghdad, 2012.
- - Dr. Laila Hantoush Naji, Obstacles to declaring a state of emergency in the Iraqi constitution for the year 2005, Al-Mohaqiq Al-Hilli Journal for Legal and Political Sciences, fourth issue, ninth year, 2017.
- - Ibn Manzur, Lisan al-Arab Dictionary, Volume Eleven, Dar Sader, Beirut, Blasna reprint.
- - Khaled bin Suleiman Al-Haidar, the human right to freedom of movement, a comparative study, master's thesis, College of Graduate Studies, Naif Arab University for Security Sciences, 2008.
- - Penal Code No. 111 of 1969 as amended.
- - The Constitution of the Republic of Iraq for the year 2005.
- - The official website of the Supreme Judicial Council: https://www.hjc.iq
- - Abu Al-Hussein Ahmed Bin Faris Bin Zakaria, Dictionary of Language Standards, Edited and Controlled by Abdel Salam Muhammad Haroun, Volume Five, Dar Al-Fikr for Printing, Publishing and Distribution, in a printed language.
- - Public Health Law No. 89 of 1981.
- - Ragheb Jibril Khamis Ragheb Sakran, The struggle between individual freedom and state authority, second edition, Modern University Office, Egypt, 2012.
- - The official website of the Federal Supreme Court: https://www.iraqfsc.iq/s.2008
- - Abdul Aziz Muhammad Salman, Moataz Muhammad Abu Al-Ezz, Nefert Muhammad Shehab, Rights and Public Freedoms in Arab Constitutions, Jurisprudence, Judiciary and Islamic Law, Research Group (Democracy and Public Freedoms), International Institute for Human Rights, Faculty of Law, DePaul University, first edition, 2005.
- - Abi Al-Fadl Jamal Al-Din Muhammad bin Makram Ibn Manzur the African Egyptian, Lisan Al-Arab Dictionary, Volume IV, Dar Sader, Beirut, 1955.
- - Law (Order) for the Defense of National Safety No. 1 of 2004.
- - Website: https://gds.gov.iq/ar/covid-19-iraqi-government-announces-new-measures.
- - Abd al-Wahhab Abd al-Aziz al-Shaibani, Human Rights and Fundamental Freedoms in the Islamic and Contemporary Systems, first edition, Royal Scientific Society Press, 1980.
- - Haider Zuhair, The constitutional and legal guarantee of the right of traffic and movement in Iraq, an article available on the website: https://alsabaah.iq/25389
- - Law of Governorates not organized in a region No. 21 of 2008.
- - Louis Sheikho, Al-Munajjid in Language, Literature and Science, without a place of publication, without a year of publication.
- - Dr. Abdel Hamid Metwally, Constitutional Law and Political Systems, Part One, Fourth Edition, Dar Al Maaref in Alexandria, 1965-1966.
- - Passport Law No. 32 of 2015.
- - Dr. Mustafa Abu Zaid Fahmy, The Egyptian Constitution, and the Constitutional Control of Laws, Manshaat al-Maaref, Alexandria, 1985.
- - Traffic Law No. 8 of 2019.
- - Muhammad Ibrahim Khair Al-Wakeel, the most important international and regional charters, declarations, covenants and agreements in the matter of human rights, Library of Law and Economics, Riyadh, 2015.
- - Dr. Muhammad Maher Abu Al-Enein, Rights, Public Freedoms and Human Rights in the Judiciary and Fatwas of the State Council, the Cassation Court and the Supreme Constitutional Court with reference to the Islamic basis for human rights, Book Two, First Edition, National Center for Legal Publications, Cairo, 2013.
- A- Constitutions:
- B- Laws:
- Fifth: Websites:
- First: dictionaries:
- Fourth: Published Research:
- Second: Authored books:
- Sixth: Constitutions and laws:
- The Constitutional System of the United Arab Republic, Dar Al Maaref, Egypt, 1966.
- Third: Theses and theses: