The Constitutional concept of National security policy under the Constitution of the Republic of Iraq for the year 2005
DOI:
https://doi.org/10.35246/avb91361Keywords:
national security policy, national security, higher political planning, constitutional councils specialized in national securityAbstract
The Constitution of the Republic of Iraq for the year 2005 dealt with the policy of national security as an exclusive competence of the federal authorities, and the policy of national security as one of the forms of general policies that the constitution enclosed in privacy when it was stipulated in particular, and this policy also attracted the attention of comparative constitutional examples, as it stipulated the formation of specialized constitutional councils to undertake The process of developing and implementing this policy, or forming specialized institutions for this matter, and according to the national security policy, the unity of policies in the state is ensured and directed towards achieving the requirements of Iraqi national security, through planning, coordination and evaluation of national interests, and accordingly directing the necessary resources to achieve them, because security has become in The development of its concept and the diversification of its fields required a
unified policy that guarantees the unity of these efforts aimed at achieving it.
Downloads
References
First: Linguistic dictionaries:
I. Al-Razi, Abu Al-Hasan Ahmad Ibn Faris Ibn Zakaria Al-Qazwini, 1984, Majmal Al-Lughah, edited by Zuhair Abdel Mohsen Sultan, 1st edition, Al-Resala Foundation, Beirut.
II. Ibn Sidah, Balasnah Nashar, Al-Muhkam and Al-Muhit Al-Azaam fi Al-Lughah, vol. 8, Institute of Arabic Manuscripts, Cairo.
III. Ibn Manzur, Jamal al-Din, 1999, Lisan al-Arab, edited by Amin Muhammad Abd al-Wahhab and Muhammad al-Sadiq al-Ubaidi, 3rd edition, Dar Revival of Arab Heritage, Lebanon.
IV. Bin Abbad, Kafi Al-Kifa’a Al-Sahib Ismail, 1987, edited by Sheikh Muhammad Hussein Al-Yassin, Al-Muhit fi Al-Lughah, vol. 8, Alam Al-Kutub, Beirut.
Secondly, books:
I.D. Shiha, Ibrahim Abdel Aziz, 2004, Fundamentals of Public Administration, Knowledge Foundation, Alexandria Egypt.
II. Attiya Allah, Ahmed, 1968, The Political Dictionary, 3rd edition, Dar Al-Nahda Al-Arabiya, Cairo.
III. Dr.. Al-Mufarji, Ihsan, 2011, The General Theory of Constitutional Law and the Constitutional System in Iraq, Al-Atak Printing, Cairo.
IV. Dr.. Al-Tahrawi, Hani Ali, 2001, Administrative Law, 1st edition, Dar Al-Thaqafa for Publishing and Distribution.
V. D. Hussein, Zakaria, 2003, National Security, Al-Shahed for Political and Strategic Studies, Cairo.
VI. Dr. Amer, Hamdi Attia Mustafa, 2016, Constitutional Oversight, 1st edition, Al-Wafaa Legal Library, Alexandria.
VII. Dr. Khaled, Hamid Hanoun, 2013, Principles of Constitutional Law and the Development of the Political System in Iraq, Al-Sanhouri Library, Baghdad.
VIII. Obaid, Hussein, Khalil Hussein, 2013, Strategy, Al-Halabi Legal Publications, 1st edition, Beirut, Lebanon.
IX. Dr.. Al-Badiri, Hassan Ali Abdul Hussein, 2021, The limits of the competence of the Council of Ministers in planning and implementing the general policy of the state in the Constitution of the Republic of Iraq for the year 2005, 1st edition, Dar Al-Salam Legal Library, Iraq, Al-Najaf Al-Ashraf.
X. D. Al-Helou, Majid Ragheb, 2005, Public Administration Science and the Principles of Islamic Sharia, Al-Ma’arif Establishment, Alexandria.
XI. Dr.. Opening the door, Muhammad Ahmed, 1998, Principles of Public Administration, 2nd edition, Dar Al-Nahda Al-Arabiya, Cairo.
XII. Dr.. Abdel Wahab, Mohamed Refaat, 2009, The General Theory of Administrative Law, New University House, Cairo.
XIII. Dr.. Kamel, Mamdouh Shawqi Mustafa, 1985, National Security and International Collective Security, 1st edition, Dar Al Nahda Al Arabiya, Egypt.
XIV. Dr.. Al-Ammar, Moneim Sahi, 2012, Disputes of the Self, National Library, Baghdad.
XV. Dr.. Akirabi, Najdat Sabri, 2011, The Legal Framework for National Security, Dar Dijla, Jordan, 1st edition.
XVI. Dr.. Al-Jubouri, Najeeb Khalaf Ahmed, 2018, Administrative Law, Yadkar Library, Sulaymaniyah.
XVII. Dr. Al-Zamili, Sajid Muhammad, 2014, Constitutional Law and the Constitutional System in Iraq, 1st edition, Dar Naipur for Printing and Publishing, Iraq.
XVIII. Dr.. Gamal El-Din, Sami, 2005, Political Systems and Constitutional Law, Mansha’at Al-Ma’arif, Alexandria.
XIX. ..................., 2006, Public Administration, Knowledge Establishment, Alexandria.
XX. Dr.. Naguib, Sahar Muhammad, 2011, The relationship between authorities in Arab constitutions, Dar Al-Kutub Al-Qaniya, Egypt.
XXI. Dr.. Al-Tamawi, Suleiman Muhammad, 1980, Principles of Public Administration Science, Dar Al-Fikr Al-Arabi, Cairo.
XXII. Dr.. Al-Bakri, Abdul Baqi, without year of publication, Introduction to the Study of Law, Baghdad, Press of the Ministry of Higher Education and Scientific Research, University of Baghdad with Dar Al-Hekma.
XXIII. Dr.. Obaid, Adnan Ajel, 2019, In-depth studies in the Constitution of the Republic of Iraq for the year 2005, 1st edition, Mansha’at Al-Ma’arif, Alexandria.
XXIV. ....................., 2021, Quality of Judgments of the Federal Supreme Court in Iraq, Dar Al-Salam Legal Library, Al-Najaf Al-Ashraf Iraq, 1st edition.
XXV. Dr.. Al-Hilali, Ali Hadi Attia, 2011, The General Theory of Constitutional Interpretation and the Directions of the Federal Supreme Court in Interpreting the Constitution, 1st edition, Al-Sanhouri Library, Baghdad.
XXVI. Dr.. Badir, Ali Muhammad, without a year of publication, Principles and Provisions of Administrative Law, Al-Atak Book Printing, Cairo.
XXVII. Dr.. Al-Bayati, Firas Abdel Karim, 2017, General Policy for Iraqi National Security after 2003, 1st edition, Al-Sima Press, Baghdad.
XXVIII. Ahmed, Thaer Khalil, 2016, American National Security and Change in the Arab Region, 1st edition, Hamed House and Library for Publishing and Distribution, Amman.
Third: Theses and dissertations:
I. Shaker, Dalia Shirko, 2021, The problem of the constitutional organization of the armed forces and internal security forces in the federal state, doctoral thesis submitted to the College of Law, Sulaymaniyah University.
II. Dr.. Al-Makhzoumi, Walid Marza, 2003, The authority of the administration in protecting national security and the rights of foreigners before it, doctoral thesis, College of Law, University of Baghdad.
III. Al-Yasiri, Ali Abdul Aziz Marza Nour, 2014, doctoral thesis, College of Political Science, University of Baghdad.
Fourth: Published research and studies:
I. D. Ghalib, Ahmed, Administrative Leadership, research published on the website of the Federal Authority for Human Resources, United Arab Emirates, Professor of Law at the University of Berlin, Germany, at the link www.fahr.gov. The website was visited on April 10, 2022.
II. Jabr, Dina Muhammad, Ibtisam Hatem Alwan, 2012, The strategy between military origin and political necessity and its impact on the balance of international power, Political Issues Journal, Faculty of Political Science, Al-Nahrain University, No. 30.
III. Al-Ramadhani, Mazen Ismail, 1988, Arab National Security and International Conflict, research published in the Journal of Political Science, College of Political Science, University of Baghdad, second issue.
IV. Dr.. Al-Hilali, Ali Hadi Attia, Constitutional Judicial Oversight of Public Policies “Educational Policy as a Model” in Light of the Federal Supreme Court’s Decision No. (97/Federal/on 1/8/2021), research published on the website of the Supreme Judicial Council, the website was visited on 15 /April/2022 at the link: www.hjc.iq/view.68718/.
V. Alwan, Ali Ab Al-Karim, State Security Autonomy, research published in the Journal of Legal Sciences, College of Law, University of Baghdad, Part 3, Volume 36/December 2021.
VI. Al-Mamouri, Ali Abdul-Hadi, National Security and National Security, research published on the website of the Al-Nahrain Center for Strategic Studies and Research, affiliated with the Iraqi National Security Advisory. The website was visited on April 10, 2022 at the link www.alnahrain.iq/post/134.
VII. Dr.. Abdel Moneim, Firas, and Dr. Hussein, Alaa Nasser, 2014, Criminal Storytelling in Terrorist Crime, research published in the Journal of Legal Sciences, University of Baghdad, College of Law, Volume 29, Issue 1.
VIII. Al-Taie, Saleh Abbas and Atwan, Khudair Abbas, 2011, American hegemony and the new international order, Political Issues Journal, Faculty of Political Science, Al-Nahrain University, No. 25.
IX. Al-Samarrai, Shafiq, 1988, National Security Policy between Reality and Ambition, Journal of Political Science, College of Political Science, University of Baghdad, Issue 2, Baghdad.
X. Abdul -Razzaq, Khairi, for the year 2002, Arab National Security, the problem of concept, International Studies Magazine, University of Baghdad, International Studies Center, No. 9.
Fifth: Laws and legislation:
A- Constitutions:
I. The amended Constitution of the Islamic Republic of Iran of 1979.
II. The amended Constitution of the Republic of Turkey of 1982.
III. Constitution of the Arab Republic of Egypt of 2014. IV. Constitution of the Republic of Iraq of 2005.
B: Laws:
I. National Security and Intelligence Authority Law No. (32) of 1959
II. Coalition Provisional Authority Order No. (68) of 2004.
III. State Administration Law for the Transitional Period of 2004.
IV. Anti-Terrorism Agency Law No. (31) of 2016.
V. Narcotic Drugs and Psychotropic Substances Law No. (50) of 2017.
Sixth: Judicial decisions:
I. The decision of the Federal Supreme Court, No. (97/State Order/2021 8/1/2021) published on the official website of the Federal Supreme Court, at the link www.iraqfsc.iq
Seventh: Iraqi National Security Strategy:
I. The Iraqi National Security Strategy for the years 2007 to 2010, issued by the Iraqi National Security Advisory, Library of the College of Law, University of Baghdad.
II. Cybersecurity Strategy, Iraqi, Iraqi National Security Advisory, Secretariat of the Supreme Technical Committee for Communications and Information Security, Library of the Al-Nahrain Center for Strategic Studies affiliated with the Iraqi National Security Advisory.
Eighth: Foreign sources:
I. Smith M.E, collective security, peace keeping, and multilateralism, Democratic accountability, and theuse of force in international law, Cambridge university prees, Cambridge,2003.
II. John Spanier, the long peace, Games Nation play, New York,1984.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
