Journal of Legal Sciences
type: channel
description: Journal of Legal Sciences, a semi-annual scientific journal issued by College of Law - University of Baghdad, concerned with the publication of research and legal studies and jurisprudence and summaries in university, as well as the conferences and seminars held by the College of law. The journal first issue was in 1969, and continues so far in the extension of the issuance to all faculties of law in Iraqi universities and government institutions, as well as "the ministries and related institutions. Researchers from inside and outside Iraq publish their legal research in Arabic, English and French in the journal. It has been accredited for the academic promotion of university professors and has been given the standard classification since 2008. It has identifier number in the Iraqi Book and Documentation House (675) for the year 1998. The Journal published in two volumes each year, as well as on the number of research papers of the teaching staff with postgraduate students, and the special preparation of the researches of the legal conferences held by the College of Law - Baghdad University.
publisher: University of Baghdad- College of Law
language: en
publication name: Journal of Legal Sciences
issn: 2070-027X
copyright: 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 permis…
items: Constitutional Regulation of Parliamentary Opposition in Jordan: A Comparative Analysis
items: Prior Authorization to Resort to Arbitration in Administrative Contracts: A Comparative Study between Jordanian, Egyptian and French Legislation
items: The Legal Framework for the Civil Liability of the Robot on the Side: Nature, Basis, and Scope
items: Iraq’s Constitutional Obligations Concerning Internationally Prohibited Weapons a Study in the Constitution of the Republic of Iraq of 2005
items: The Legitimacy of the Protected Domain in the 2005 Constitution of the Republic of Iraq between the Requirements of Protection and the Imperatives of Development
items: The Constitutional Responsibility of the President of the Republic of Iraq: Omission in Regulation and Trial Problems
items: Criminal Protection of Credit Cards under UAE Legislation
items: The Position of the Court of Cassation on the Proof of Desertion Claims
items: Legal Regulation of Digital Real Rights in Cyberspace
items: Cumulative Dividend Preferred Shares between Prohibition and Permissibility
items: Factors Contributing To the Reluctance to Participate In Widespread Political Engagement (Iraq as a Case Study)
items: Legislative Vacuum and Its Treatment Mechanism in Iraqi Constitutional Law
items: Criminal Liability for Technical Connectivity Failure in Robotic Surgery
items: Constitutional Engineering
items: The Theory of Lapse of Contract in Civil Law Analytical Study
items: Journalistic Criminalization: “The Dialectic between Legal Text and Practical Application in the Press Law of the Kurdistan Region of Iraq”
items: Conflict of Legislative and Judicial Jurisdiction Regarding the Protection of Persons with Disabilities
items: Legal and Constitutional Guarantees for Freedom of Expression in Iraq in the Age of Digital Media
items: False Reporting and Its Impact on Public Employees
items: The Dangers Resulting from Outer Space Pollution by Space Debris
items: Collusion in International Law
items: Urgent Need for Reform of Omani Nationality Law to Meet International Standards
items: Legal Risks of E-Commerce in Light of Reliance on Artificial Applications: Analytical Study
items: The Role of Technology in Determining Liability for Damages Caused by the Use of Peaceful Nuclear Energy
items: Administrative Law and Equity in Higher Education: Lessons from the Arab Region

Constitutional Regulation of Parliamentary Opposition in Jordan: A Comparative Analysis
type: item
description: This study addresses a topic that has become one of the fundamental requirements for the development of the Jordanian constitutional political system and the activation of representative democracy on which this system is based. It does so by clarifying the concept of parliamentary opposition and calling on the constitutional legislator to enhance its role in parliamentary life and activate its participation in legislation and government oversight as one of the effective means of practicing political pluralism. In conducting this study, the researcher relied on a comparative analytical descriptive methodology, through reviewing and analyzing the texts of the Jordanian Constitution and the internal regulations of the House of Representatives and the Senate, and then comparing them with the provisions of the constitutional document and the internal regulations of the parliaments in Morocco and Algeria, as well as best practices adopted in a number of international charters. The study reached several findings, the most important of which are: the Constitution includes clear provisions recognizing the parliamentary opposition as an effective component of the legislative authority and granting it rights that enable it to activate its role in legislation, oversight, and representation within the permanent organs of Parliament, thereby strengthening sound democratic practice in the state. This approach has been adopted in both Morocco and Algeria, while the Jordanian constitutional framework has not introduced significant amendments in this regard. The study recommends that the Jordanian constitutional legislator explicitly stipulate the rights of the parliamentary opposition in the constitutional document and its complementary legislation. It also recommends explicitly guaranteeing the opposition’s role in legislative and oversight functions by granting it the right to propose legislation and to use oversight mechanisms without being limited by majority decisions. In addit…
subject: Articles
  topic: section
subject: parliamentary opposition
  topic: keywords
subject: parliamentary action
  topic: keywords
subject: parliamentary oversight
  topic: keywords
creator: Ali Al-Dabbas
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 1
ending page: 41
doi: 10.35246/brzdzh56

Prior Authorization to Resort to Arbitration in Administrative Contracts: A Comparative Study between Jordanian, Egyptian and French Legislation
type: item
description: This research addresses the issue of “prior administrative authorization” as a condition for resorting to arbitration in administrative contract disputes. It examines this requirement as a point of delicate balance between party autonomy in contracts on the one hand, and the requirements of legality, protection of public funds, and ensuring the continuity of public service on the other. The study is based on a central question: Does this authorization constitute an objective restriction on the arbitrability of administrative contract disputes, or is it merely an internal procedural requirement governing the authority of the public official to conclude an arbitration agreement? It also examines the legal consequences of the absence of such authorization on the validity and enforceability of the arbitration agreement, both domestically and internationally. The study adopts a comparative and analytical methodology, focusing on Jordan, Egypt, and France. It examines the legal basis, nature, and limits of prior authorization, the competent authority to issue it, and its legal effects. In Egyptian legislation, prior authorization appears as an explicit requirement for concluding arbitration agreements in administrative contract disputes, linked to the approval of the competent minister or his authorized representative, while strictly limiting delegation of this power. This reflects a legislative approach aimed at regulating arbitration within the administration and reducing the risk of unjustified waiver of the jurisdiction of administrative courts. In the French legal system, the general principle is the prohibition of arbitration involving public persons, except where specific legislative provisions provide otherwise. Accordingly, authorization whether legislative or regulatory constitutes the gateway that transforms the prohibition into permissibility in limited and exceptional cases. In the Jordanian system, arbitration law generally allows public legal persons to res…
subject: Articles
  topic: section
subject: Prior Authorization
  topic: keywords
subject: Administrative Contracts
  topic: keywords
subject: Arbitration Clause
  topic: keywords
creator: Muhammad Almajali
rights: Copyright (c) 2026 Dr. Mohmmad Husien Almajali https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 42
ending page: 79
doi: 10.35246/s6kgrs75

The Legal Framework for the Civil Liability of the Robot on the Side: Nature, Basis, and Scope
type: item
description: The litigating robot represents a modern application of artificial intelligence in the legal field. It assists in analyzing cases, drafting legal memoranda, and accelerating judicial procedures. This technology enhances judicial efficiency and reduces litigation costs. However, its use raises complex legal questions regarding automated litigation. It also creates challenges concerning civil liability for damages caused by robotic advocacy. Traditional civil liability rules appear insufficient to address such damages. In response, the European approach adopts the concept of the “human proxy”. Liability is attributed to the natural person who operates, supervises, or directs the robot. This person is considered legally responsible for the robot’s actions. The study recommends mandatory civil liability insurance for litigating robots. It also proposes establishing a compensation fund for damages not covered by insurance. Finally, it rejects granting the robot independent legal personality, as this would undermine the legal profession and the right of defense.
subject: Articles
  topic: section
subject: Robot
  topic: keywords
subject: Capacity
  topic: keywords
subject: Litigation
  topic: keywords
subject: Justice
  topic: keywords
subject: Intelligent System
  topic: keywords
creator: Saja Attallah
creator: Mourad Benseghir
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 80
ending page: 112
doi: 10.35246/t34n6124

Iraq’s Constitutional Obligations Concerning Internationally Prohibited Weapons a Study in the Constitution of the Republic of Iraq of 2005
type: item
description: Every state seeks to equip its armed forces with various types of weapons. However, there are certain categories of weapons that a state is not permitted to use, or to contribute to their production, development, or proliferation, as they are considered internationally prohibited weapons. Iraq is among the states that bear international obligations in relation to this aspect of armament and military conduct, in addition to the provisions stipulated in its constitution of 2005, which have rendered this obligation one of the established constants and prohibitions that must be respected. The existence of a constitutional obligation preventing Iraq from engaging in any form of dealings with internationally prohibited weapons is grounded in several constitutional provisions, beginning with the preamble and extending through the fundamental principles. Accordingly, any violation of this obligation constitutes a breach that entails both constitutional and international responsibility.
subject: Articles
  topic: section
subject: Constitution
  topic: keywords
subject: International Prohibition
  topic: keywords
subject: Nuclear Weapons
  topic: keywords
subject: Chemical Weapons
  topic: keywords
subject: Biological Weapons
  topic: keywords
subject: Responsibility
  topic: keywords
creator: Ahmed Al-Saffar
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 113
ending page: 144
doi: 10.35246/2qwrvm03

The Legitimacy of the Protected Domain in the 2005 Constitution of the Republic of Iraq between the Requirements of Protection and the Imperatives of Development
type: item
description: This study examines the constitutional legitimacy of the protected domain in the 2005 Constitution of the Republic of Iraq, focusing on the tension between constitutional protection and the requirements of constitutional development. It proceeds from the assumption that constitutions embody a core constitutional structure that defines the identity of the constitutional order and sets substantive limits on the scope of constitutional amendment. Adopting an analytical and comparative methodology, the study explores the theoretical foundations of the protected domain and draws on comparative constitutional experiences, particularly those of India and Germany. It then analyzes the Iraqi constitutional framework, highlighting the absence of an explicit constitutional provision on the protected domain and the lack of practical experience with constitutional amendment. The study concludes that, notwithstanding this absence, the protected domain enjoys normative legitimacy derived from foundational constitutional principles; however, it requires further conceptual and institutional clarification to ensure constitutional stability while allowing for constitutional evolution.
subject: Articles
  topic: section
subject: Protected Domain
  topic: keywords
subject: Constitutional Legitimacy
  topic: keywords
subject: Constitutional Identity
  topic: keywords
subject: Constitutional Amendment
  topic: keywords
subject: Constitution of Iraq (2005)
  topic: keywords
creator: Osamah Hussein
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 145
ending page: 175
doi: 10.35246/vdkt7630

The Constitutional Responsibility of the President of the Republic of Iraq: Omission in Regulation and Trial Problems
type: item
description: The post of President of the Republic occupies a high sovereign position in the constitutional structure of the federal authorities. The constitutional legislature has paid great attention to the competencies and responsibilities of this post and its importance in critical and sensitive times and circumstances, and has devoted numerous articles and provisions to this end. Although Iraq's political system is a parliamentary republic, the Constitution did provide for the possibility to hold the President accountable to the Council of Representatives, but it is not fully detailed and is not a ground for his dismissal or relieving him from office. This step can only be taken if the Federal Supreme Court finds the President of the Republic guilty of a specific constitutional violation, such as violating the Constitution, perjury of the constitutional oath, and committing high treason. Due to constitutional and legislative omissions in this domain, and in accordance with the Constitution, the President of the Republic may be convicted only by the adoption of a specific legislation laying down rules on the procedure for bringing charges and on the trial of such accusations before this court. However, no step has been taken to address this legislative deficiency, which has led to the failure of all attempts to constitutionally trail the President. The Federal Supreme Court attempted to bridge this deficiency on its own through its internal regulation. However, this measure is inconsistent with the Constitution, and the attempt was ultimately overturned by a new internal regulation. Therefore, it is crucial to address this deficiency to ensure maintaining balance between the constitutional competencies and duties of the President of the Republic, as well as to avoid allowing him to evade potential trial by the constitutional court.
subject: Articles
  topic: section
subject: President of the Republic
  topic: keywords
subject: Constitutional powers and duties
  topic: keywords
subject: Federal Supreme Court
  topic: keywords
subject: Constitutional responsibility
  topic: keywords
subject: Constitutional trial
  topic: keywords
creator: Shaho Ahmed
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 176
ending page: 206
doi: 10.35246/z6ktxz30

Criminal Protection of Credit Cards under UAE Legislation
type: item
description: This study addresses the illicit use of credit cards under UAE criminal legislation. It primarily focuses on clarifying the concept of credit cards in terms of their nature, identifying the involved parties, highlighting their advantages, and examining their various types. Additionally, the study explores the legal nature of credit cards and distinguishes them from other similar banking cards. The study delves into a range of illicit practices that jeopardize the secure use of credit cards. It comprehensively explores various criminal offenses, including the unauthorized acquisition of credit card information, credit card forgery, the manufacture of technological devices designed to facilitate such forgery, the fraudulent use of a valid credit card issued in another person's name to seize their funds, and the acceptance of forged credit cards. Furthermore, the study critically examines the legislative measures and criminal provisions enacted under UAE law to combat and address these offenses.
subject: Articles
  topic: section
subject: Criminal Liability
  topic: keywords
subject: Credit Card
  topic: keywords
subject: Forgery
  topic: keywords
subject: Seizure of Others' Funds
  topic: keywords
creator: Halima Almidfa
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 207
ending page: 241
doi: 10.35246/0dtg9g92

The Position of the Court of Cassation on the Proof of Desertion Claims
type: item
description: This research discusses the position of the Federal Court of Cassation regarding the proof of a claim of abandonment as one of the delicate personal status claims that affect the stability of the family and require careful and balanced judicial treatment. It focuses on explaining the direction of the judiciary in interpreting the concept of abandonment, identifying its legal elements, and distinguishing it from other forms of separation, while linking this to the provisions of the Personal Status Law and the Iraqi Civil Procedure Law in force. The research also analyzes the court's methodology in assessing evidence, particularly personal testimony and circumstantial evidence, and their sufficiency to convince the court of the fact of abandonment without legitimate excuse. We adopted a comparative analytical approach by reviewing Iraqi judicial applications and comparing them with Emirati and Jordanian legislation, while also drawing on aspects of comparative jurisprudence. The research showed that the Court of Cassation tends to be relatively strict in proving a claim of abandonment and imposes careful control over the conviction of the lower court in concluding the fact of abandonment. It also showed that the judiciary is not satisfied with the mere claim, but requires clear evidence proving the continuation of abandonment for a considerable period with the absence of a legitimate justification according to the circumstances of each case. This research concluded that the burden of proof falls on the plaintiff, while granting the court broad discretionary power in weighing and prioritizing evidence in accordance with the reality of the case and its circumstances. This revealed to us a general convergence between Iraqi and comparative jurisprudence in the stringency of evidentiary requirements, with only minor differences in the flexibility of acceptable means of proof.
subject: Articles
  topic: section
subject: Separation Claim
  topic: keywords
subject: Desertion Incident
  topic: keywords
subject: Discretionary Power
  topic: keywords
subject: Proving a Legitimate Excuse
  topic: keywords
creator: Aqeel Taha
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 242
ending page: 270
doi: 10.35246/k7h6ay49

Legal Regulation of Digital Real Rights in Cyberspace
type: item
description: This research addresses the problem of the legal regulation of real rights over virtual assets in the absence of explicit legislative provisions in many legal systems. The study aims to adapt the legal nature of digital assets and cryptocurrencies and to clarify their suitability to be the subject of principal and accessory real rights. The study adopts a comparative analytical approach among Iraqi, Egyptian, French, and English civil laws, while reviewing the opinions of jurists and recent judicial applications. The study concludes that virtual assets are intangible assets that accept ownership and constructive possession, and recommends the necessity of urgent legislative intervention to regulate the provisions of their acquisition, transfer, and civil protection, in a manner that keeps pace with technological development and achieves stability in digital transactions.
subject: Articles
  topic: section
subject: Real Rights
  topic: keywords
subject: Cyberspace
  topic: keywords
subject: Digital Assets
  topic: keywords
subject: Cryptocurrencies
  topic: keywords
subject: Comparative Civil Law
  topic: keywords
creator: Kadhim Youssef
creator: Majid Hassan
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 271
ending page: 295
doi: 10.35246/rnyfvb18

Cumulative Dividend Preferred Shares between Prohibition and Permissibility
type: item
description: Within the framework of capital markets and the regulation of commercial companies, the cumulative preferred share emerges as a legal instrument of a composite nature, occupying an intermediate position between the ordinary share and a debt instrument. It does not lose its character as a share, nor does its holder become a creditor of the company. Rather, the holder remains a shareholder in the company’s capital, while enjoying a preferential financial privilege that distinguishes them from ordinary shareholders, namely the priority to receive the prescribed dividends whenever the conditions for their distribution are met. The distinctiveness of this share lies in the fact that the non-distribution of dividends in a given financial year does not extinguish the holder’s right to the preferred dividends. Instead, such dividends are carried forward to subsequent years, accumulating in the holder’s favor, to be satisfied once distributable profits are available in the future and before ordinary shareholders participate in the distribution of dividends. Accordingly, the right arising from this share is not a debt immediately due from the company merely because no distribution has been made, nor does it impose an immediate payment obligation outside the rules governing capital and dividend distribution. Rather, it constitutes a deferred financial right, conditional upon the existence of distributable profits and the adoption of a lawful resolution to distribute them in accordance with the law and the company’s articles of association. Comparative law has recognized this type of share in different forms. In American law, particularly in the state of Delaware, the regulation of preferred shares rests on a clear contractual foundation. Their rights and privileges are derived from the certificate of incorporation or the company’s constitutive instrument, and such privileges are not presumed merely from the preferred character of the share; they must be expressly provided for.…
subject: Articles
  topic: section
subject: Cumulative Preferred Shares
  topic: keywords
subject: Hybrid Financial instrument
  topic: keywords
subject: Minority Rights
  topic: keywords
subject: Corporate Governance
  topic: keywords
creator: Mohammed Mohammed
creator: Haider Gatea
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 296
ending page: 334
doi: 10.35246/6pwjx691

Factors Contributing To the Reluctance to Participate In Widespread Political Engagement (Iraq as a Case Study)
type: item
description: The research addresses the factors contributing to the reluctance to participate politically in Iraq, through studying the social, cultural, political and economic factors that influence the process of political reluctance, through studying the impact of weak political awareness, societal traditions and conservative values ​​that contribute to marginalizing large segments of society, especially women and youth, which hinders their effective participation. It also reviews political and economic factors such as the absence of effective democracy and administrative and political corruption, which leads to a lack of trust in government institutions. In addition, the research indicates the impact of sectarian and ethnic tensions in Iraq on the political system, and how they contribute to limiting political participation. With proposals and solutions for each reason for reluctance.
subject: Articles
  topic: section
subject: Political Participation
  topic: keywords
subject: Political Aversion
  topic: keywords
subject: Factors: Social – Cultural – Political – Economic.
  topic: keywords
creator: Amer Al-Mousawi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 235
ending page: 374
doi: 10.35246/ngaq9g09

Legislative Vacuum and Its Treatment Mechanism in Iraqi Constitutional Law
type: item
description: The Iraqi legal system suffers from numerous instances where the application of a legal rule to regulate legal relationships between individuals within both public and private law is absent due to the lack of a text from which the desired legal ruling and regulation of that rule can be derived. sometimes, or it may be impossible to access a ruling despite the existence of a legal text in another country, and for the purpose of adhering to this situation, it is not worthwhile to search for it in light of the basis upon which all legal instructions in the country are based, represented by the specific constitution, and the basis upon which everyone relies in all our laws and legislation.
subject: Articles
  topic: section
subject: The Vacuum of the Legal System
  topic: keywords
subject: Cases of Emptiness
  topic: keywords
subject: Vacuum Processors
  topic: keywords
subject: Processing Control
  topic: keywords
creator: Omar Al-Zuhairi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 375
ending page: 397
doi: 10.35246/9zar8e92

Criminal Liability for Technical Connectivity Failure in Robotic Surgery
type: item
description: This research addresses the issue of criminal liability arising from technical communication interruption in cross-border robotic surgery, as one of the modern legal topics associated with the use of digital and robotic systems in the medical field. The increasing reliance on modern communication technologies in performing remote surgical operations has led to the emergence of numerous legal issues related to patient safety and the limits of legal liability of the parties involved in the surgical procedure. The research focuses on explaining the legal nature of cross-border robotic surgery and the particularity of the technical communication on which it relies, while clarifying the impact of dependence on digital systems in reshaping the traditional concepts of criminal liability in the medical field. It also examines the legal basis governing liability for technical failures or communication interruptions in light of the general rules of Iraqi law and certain international regulations concerning medical devices and digital healthcare. Furthermore, the research discusses the determination of criminal liability for the parties involved in robotic surgery, whether related to the surgeon, the medical institution, or the technical entities responsible for operating the surgical system or providing communication services, while highlighting the special nature of the technical risks that may accompany this type of surgical procedure.
subject: Articles
  topic: section
subject: Robotic Surgery
  topic: keywords
subject: Criminal Liability
  topic: keywords
subject: Technical Communication Interruption
  topic: keywords
subject: Cross-Border Surgery
  topic: keywords
subject: Digital Healthcare
  topic: keywords
subject: Medical Device
  topic: keywords
creator: Sura Majid
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 398
ending page: 432
doi: 10.35246/ag0b2g79

Constitutional Engineering
type: item
description: Constitutional engineering is an old concept, the result of a long accumulation of political and legal experiences. The intellectual origins of the concept date back to the early 20th century, particularly with the work of Karl Popper (Austrian philosopher, 1902-1994), who spoke of social engineering (i.e., reforming society in a deliberate manner). However, the more explicit use of the term "constitutional engineering" began to emerge in the 1970s and 1980s and became firmly established after the end of the Cold War. Since the mid-1990s, legal scholars have begun using the term to describe the selection of a system of government and the preference for one type over another, the design of the relationship between the branches of government, the relationship between the people and the state, the selection of the electoral system, and so on. Among the most prominent theorists in this field are Lijphart and Sartori, as will become clear throughout this research. Currently, constitutions are no longer merely written texts but rather projects designed according to precise calculations. Constitutional engineering is the art and science of deliberately formulating and crafting constitutional rules to achieve specific political and legal objectives. The Iraqi constitutional legislator adopted a consociational approach in the 2005 constitution, which led to the fragmentation of the country into mini-states. This is a structural problem requiring fundamental solutions, not superficial fixes. In other words, there is an urgent need to amend the constitution and restructure many of its principles. The importance of this research stems from its focus on the most crucial stage in building a system of governance: the constitutional design phase. It examines how to design the system according to the culture and history of the society in which it is to be implemented, thus preventing what we call "the alienation of the system." The research also sheds light on restructuring the syst…
subject: Articles
  topic: section
subject: Constitutional Engineering
  topic: keywords
subject: Political Engineering
  topic: keywords
subject: Constitutional Reform
  topic: keywords
subject: Arend Lijphart
  topic: keywords
subject: Giovanni Sartori
  topic: keywords
creator: Salah ALArbawi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 433
ending page: 462
doi: 10.35246/9s651y97

The Theory of Lapse of Contract in Civil Law Analytical Study
type: item
description: One of the fundamental features of contract theory in general is its continuous development in accordance with the needs of society and individuals. A prominent recent manifestation of this development recently is the emergence of the theory of lapse of Contract within the amendments to the French Civil Code of 2016. The main objective of stipulating this theory was to address cases in which a contract loses an essential element of its components after it has been properly formed, or when one of the contracts that make up the contractual group is dissolved. Despite the stipulation of this theory in the French Civil Code, its modern nature has led to ambiguity surrounding many of its aspects, such as its concept, its name, and its distinction from other theories and legal situations. Moreover, the French legislator has not resolved the debate on some of its issues, which requires proposing appropriate solutions or weighing the solutions proposed. Therefore, in this study, we will try to explore this theory in light of what has been written by jurisprudence and approved by the French judiciary regarding it. We will define its concept, clarify the dividing lines between it and other legal theories, discuss the names that have been put forward regarding it, explain what is meant by the basic elements whose disappearance leads to the of lapse of Contract and its conditions, and the extent to which it is related to the issue of retroactive effect.
subject: Articles
  topic: section
subject: No effect of the contract
  topic: keywords
subject: Invalidity
  topic: keywords
subject: essential element
  topic: keywords
subject: Contractual group
  topic: keywords
subject: Retroactive effect
  topic: keywords
creator: Hussam Ouda
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 463
ending page: 494
doi: 10.35246/zefyrk23

Journalistic Criminalization: “The Dialectic between Legal Text and Practical Application in the Press Law of the Kurdistan Region of Iraq”
type: item
description: This research examines the legislative shortcomings of the Kurdistan Region Journalism Law No. 35 of 2007, highlighting the gap between traditional legal texts and the challenges of contemporary digital media. The core problem lies in the lack of precise legal classification for journalistic genres (news, opinion, and visual media), leading to inconsistencies in determining criminal liability and legal characterization of offenses. Using a critical analytical approach, the study explores the philosophy of criminalization and the balance between freedom of expression and legal accountability. It concludes that professional ethical codes must serve as the fundamental basis for reforming legislation to align with technological advancements and safeguard the public interest.
subject: Articles
  topic: section
subject: Journalistic Crime
  topic: keywords
subject: Freedom of Expression
  topic: keywords
subject: Legislative Lacunae
  topic: keywords
subject: Criminal Liability
  topic: keywords
subject: Public Interest
  topic: keywords
creator: Djwar Omar
creator: Taghreed Ibrahim
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 495
ending page: 529
doi: 10.35246/kx3d8179

Conflict of Legislative and Judicial Jurisdiction Regarding the Protection of Persons with Disabilities
type: item
description: A disability may prevent a person from carrying out essential daily tasks, including managing their finances, claiming their inheritance after the death of their ancestor, or entering into contracts, especially if the disability is intellectual or mental, or if it is a severe and prolonged physical injury. In such cases, the person needs legal representation, such as a guardian, trustee, or custodian, to manage their financial and personal affairs ("guardianship of property and person"). However, this representation can be exploited, as the authority granted to these individuals may be abused by misappropriating the disabled person's assets, transferring them to others, or smuggling them out of the country to deprive them of their rights. This is done by exploiting the disabled person's vulnerability and inability to defend their assets or claim their rights in court. Therefore, this person needs legal and judicial protection through the application of the most favorable law. The judge must apply the rules that are necessary for the protection of persons with disabilities whenever their rights fall within the scope of such rules. In the absence of such rules, the judge must apply the relevant international substantive rules that govern the rights of persons with disabilities, excluding any law that prohibits them from exercising these rights. This is one of the rights of the person, and the importance of judicial protection for the person with a disability is demonstrated by relying on the officer who provides protection for this person and his money, while taking the necessary measures regarding the money of the person with a disability to prevent the deputy or others from disposing of it.
subject: Articles
  topic: section
subject: Conflict of Laws
  topic: keywords
subject: Conflict of Jurisdiction
  topic: keywords
subject: Ensuring Security
  topic: keywords
subject: Persons with Disabilities
  topic: keywords
subject: International Protection
  topic: keywords
creator: Daraf Hasan
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 530
ending page: 563
doi: 10.35246/djv7xm48

Legal and Constitutional Guarantees for Freedom of Expression in Iraq in the Age of Digital Media
type: item
description: Freedom of expression is one of the most important freedoms, and many other freedoms are linked to it. Therefore, it has been enshrined in various international human rights treaties, in addition to being stipulated in all constitutions at the international and national levels. Therefore, this research sheds light on the legal and constitutional guarantees for freedom of expression in Iraq in the age of digital media. In our research, we relied on the use of the analytical-descriptive approach, and through our research, we concluded that the Iraqi constitution recognizes freedom of expression as a guaranteed right. However, the activation of this right in practical reality still faces legal and executive challenges. The absence of a comprehensive digital media law that is compatible with the changes occurring in the structure of the media and social media has led to contradictions in implementation and legal gaps. We therefore recommend the need to work toward issuing a modern national law on freedom of expression and digital media that respects human rights, aligns with international standards, and includes clear guarantees for freedom of expression online.
subject: Articles
  topic: section
subject: Legal Guarantees
  topic: keywords
subject: Constitutional Guarantees
  topic: keywords
subject: Freedom of Expression
  topic: keywords
subject: Digital Media Era
  topic: keywords
subject: Iraq
  topic: keywords
creator: Abdullah Badai
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 564
ending page: 590
doi: 10.35246/cbjjje41

False Reporting and Its Impact on Public Employees
type: item
description: False reporting can have legal, professional, and moral repercussions for public employees, as it may expose them to administrative or criminal investigations, with the accompanying effects on their professional reputation and social standing. It may also disrupt the work of oversight and judicial bodies by occupying them with reports that are not based on true facts, which may hinder their efforts to combat real crimes, especially administrative and financial corruption. Conversely, restricting the right to report may lead to individuals refraining from reporting administrative and criminal crimes and violations, which may negatively affect efforts to combat corruption and promote integrity within state institutions. The legislator seeks to achieve a delicate balance between protecting public employees from malicious reports and encouraging individuals to report crimes and violations by criminalizing false reporting and imposing liability on those who deliberately submit false reports with the intent to harm others, while maintaining legal protection for whistleblowers who act in good faith and aim to uncover crimes or violations.
subject: Articles
  topic: section
subject: False Reporting
  topic: keywords
subject: Public Employee
  topic: keywords
subject: Malicious Informant
  topic: keywords
creator: Ziad Al-Qara Ghuli
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 591
ending page: 611
doi: 10.35246/b2mwtq24

The Dangers Resulting from Outer Space Pollution by Space Debris
type: item
description: The issue of protecting outer space from pollution is of significant importance, as its effects are not confined solely to outer space as an environment; rather, the impact of space debris extends to other space objects and to debris already present in orbit. Such debris may also pose a risk to human life, particularly in cases where spacecraft are crewed. Moreover, the effects of space debris can reach low Earth orbit, the upper atmosphere, and even the Earth’s surface or the high seas. Accordingly, this research aims to examine the damages arising from space debris, and to analyze the relevant international agreements and principles governing the protection of outer space from pollution and the harms caused by such debris. It further seeks to highlight major incidents resulting from space debris, and to determine the legal basis for attributing responsibility to states engaged in space activities when damage occurs. In addition, the study sheds light on forms of international cooperation aimed at mitigating pollution caused by space debris.
subject: Articles
  topic: section
subject: Space Debris
  topic: keywords
subject: Outer Space Pollution
  topic: keywords
subject: International Liability for Space Debris
  topic: keywords
subject: Disputes Related to Space Debris
  topic: keywords
subject: Applications.
  topic: keywords
creator: Sura Hameed
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 612
ending page: 636
doi: 10.35246/ce4sgv93

Collusion in International Law
type: item
description: This research addresses a complex issue in international law: the responsibility arising from "complicity," defined as a state providing aid and assistance to another state or entity to commit acts that violate international law. This encompasses not only direct wrongful acts but also the covert or secondary role a state may play by providing aid or assistance to another state or non-state actors, enabling them to commit internationally wrongful acts. The study outlines the conditions necessary for establishing international responsibility and examines judicial applications that demonstrate how international courts interpret Article 16 and other provisions related to the prohibition of aiding and abetting internationally wrongful acts.
subject: Articles
  topic: section
subject: International Complicity
  topic: keywords
subject: Aid and Assistance
  topic: keywords
subject: Joint International Responsibility
  topic: keywords
subject: Knowledge and Intent
  topic: keywords
creator: Zainab Jabbar
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 637
ending page: 657
doi: 10.35246/7x267r47

Urgent Need for Reform of Omani Nationality Law to Meet International Standards
type: item
description: This study provides a critical, analytical, and comparative examination of Oman’s nationality law (Royal Decree No. 17/2025). Moving beyond descriptive overview, it analyzes the statutory gaps regarding statelessness, gender discrimination, and citizenship deprivation under both international law and the Omani Basic Statute. Utilizing a normative-comparative methodology, the paper evaluates Oman's framework against the 1961 Convention, CEDAW, and neighboring GCC legislations. It addresses administrative finality in nationality disputes by examining the constitutional friction between Article 4 of the Nationality Law and Article 30 of the Basic Statute. Finally, the study advances concrete, practical legislative drafts to harmonize domestic law with global human rights architectures.
subject: Articles
  topic: section
subject: Omani Nationality Law
  topic: keywords
subject: Statelessness
  topic: keywords
subject: Judicial Review
  topic: keywords
subject: Legislative Reform
  topic: keywords
subject: Gender Equality
  topic: keywords
subject: Human Rights and Citizenship
  topic: keywords
creator: Bader Al-Maskari
creator: Abdalwahab Hamed
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 658
ending page: 697
doi: 10.35246/zwx0bg48

Legal Risks of E-Commerce in Light of Reliance on Artificial Applications: Analytical Study
type: item
description: AI has become central to e-commerce, becoming the source of essential functions such as dynamic pricing and product ranking, fraud detection, and customer support. However, this deep integration introduces systemic legal risks that challenge traditional commercial law frameworks. This study looks at these complexities, which include data protection, deceptive design, bias in the algorithms, and product safety in the light of EU law, US enforcement, and the NIST AI Risk Management Framework. The study claims that harms associated with AI must cease to be perceived as singular technical malfunctions, but as a set of threats to consumer freedom, market justice, and contractual reliability. Among the main challenges to note are the jurisdictional complexity, the asymmetry of evidence, and the high lifecycle governance standards as required by the EU AI Act (European Union, 2024; Yaşar, 2024).To avoid these risks, the article recommends proportionate governance to technological avoidance. The most important compliance controls are AI inventories, data mapping, pre- and post-deployment testing, vendor audit rights and human escalation pathways .The identification with the Personal Data Protection Law (PDPL), SDAIA regulations, and the Saudi E-Commerce Law are crucial in the broader Saudi context. Placing local needs in the context of global best practices, platforms can help reduce the litigation risk and increase consumer confidence, which directly supports the digital transformation objectives of Saudi Vision 2030 (European Union, 2024; Saudi Data & Artificial Intelligence Authority [SDAIA], 2023).
subject: Articles
  topic: section
subject: Electronic Commercial Law
  topic: keywords
subject: Legal Liability of Artificial Intelligence
  topic: keywords
subject: E-Consumer Protection
  topic: keywords
subject: Legal Compliance in E-Commerce
  topic: keywords
subject: Digital Risk Governance
  topic: keywords
subject: Electronic Contracts and Transactions
  topic: keywords
creator: Rahaf Alqahtani
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 698
ending page: 725
doi: 10.35246/h5hqvn79

The Role of Technology in Determining Liability for Damages Caused by the Use of Peaceful Nuclear Energy
type: item
description: Modern nuclear projects rely on digital systems, dense sensor networks, and data sharing tools. These tools can help show what happens when nuclear damage is claimed. They can also shape how the law assigns responsibility for that damage. Many nuclear liability systems already place strict liability on the operator and limit who can be sued. Even so, technology still matters because it affects proof, causation, and later recourse claims. Technology also matters when damage crosses borders and when cyber events play a role. This research explains how modern technology changes the way responsibility is found for nuclear damage from peaceful use. It reviews key liability treaties, state responsibility rules, and national examples. It then links those rules to radiation mapping, remote sensing, digital logs, and forensic methods. It also addresses cyber attribution and AI use in safety and operations. The research ends with practical steps that can improve fairness, speed, and trust in nuclear damage decisions.
subject: Articles
  topic: section
subject: Nuclear Liability
  topic: keywords
subject: Civil Liability Conventions
  topic: keywords
subject: Operator Strict Liability
  topic: keywords
subject: Nuclear Damage
  topic: keywords
subject: Causation
  topic: keywords
creator: Wafa Izzat
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 726
ending page: 761
doi: 10.35246/db9h6b11

Administrative Law and Equity in Higher Education: Lessons from the Arab Region
type: item
description: The right to higher education is an essential component of human rights and crucial for personal and societal development. In the current field of education, diversity, inclusion, and equity have become essential components. The purpose of this research was to examine the role of administrative law in promoting equity in higher education across the Arab region. A qualitative, descriptive design using document analysis was used. Data from government reports, academic studies, and international organization were synthesized. the results indicated that several Arab countries have implemented different reforms aimed at increasing inclusivity and equity of women in education and economic activities, evident in inclusion in their notable inclusion leadership roles, participation in economic activities, and increase access to higher education. In addition, several Arab countries have streamlined the student visa application procedures, leading to notable increase in international students across different Arab universities. Different administrative law frameworks, such diversity quotas, simplified legal procedures, and oversight bodies have significant potentials in enhancing inclusivity and equity in higher learning institutions. Based on the research results recommended to ensure administrative laws contribute to equitable education systems. These findings provide valuable insights for global higher education policymakers.
subject: Articles
  topic: section
subject: Administrative law
  topic: keywords
subject: higher education equity
  topic: keywords
subject: gender inequality
  topic: keywords
subject: Arab region
  topic: keywords
subject: educational policy
  topic: keywords
creator: Maryam Almutairi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-06-25
publication date: 2026-06-25
starting page: 762
ending page: 782
doi: 10.35246/c7h4z830