Legal System for Electoral Campaigns
A Comparative Study
DOI:
https://doi.org/10.35246/jols.v37i2.557Keywords:
Electoral Campaign, Electoral Propaganda, Electoral Campaign Controls, Electoral Crimes, Election FinancingAbstract
Electoral campaigns are one of the stages of the electoral process, and it means the sum of the activities and activities carried out by the candidate or the political party within a period of time, usually one day or more before the polling date, according to the legislation. To vote for this candidate or party, and this process affects the results of the elections, whether parliamentary or presidential, because it targets the votes that lead the candidate or political party to a boost to the presidency of the state or the legislative authority, so that this right is not abused in promoting political ideas and visions, considering This is one of the branches of freedom of opinion and expression that is guaranteed by most constitutions. To ensure the freedom, integrity and fairness of elections, we find that the Iraqi law, as well as comparative laws, directly subject this process to some restrictions and limitations. This study focuses the light on the electoral campaign, its nature, foundations, objectives, and legal restrictions that apply within its limits, whether they are temporal. Or, spatial, financial and other regulatory restrictions in order to identify the shortcomings in some legislation and propose solutions to address them.
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References
First: Concepts and Dictionaries:
i. Ibrahim Mustafa, Ahmed Hassan Al-Zayat and Muhammad Ali Al-Najjar, the intermediate dictionary, the Islamic Library for Printing, Publishing and Distribution, Cairo, without publication year.
ii. Ahmed Mukhtar Omar, 2008, Dictionary of Contemporary Arabic Language, 1st Edition, Volume One, World of Books, Cairo.
iii. Ibn Manzur, Lisan Al Arab Dictionary, Part 1, Dar Sader, Beirut, without publication year.
Second: General Legal Books:
i. Baghloul Abbas, The Constitutional Council and its Role in Oversight of Presidential and Legislative Elections and Referendum Processes, A Comparative Study, Dar Al-Kitab Al-Hadith, Cairo, without publication year.
ii. JC Jordan Seal, Free and Fair Elections, 2003, translated by Ahmed Munib and Faiza Hakeem, House of Public Cultural Affairs, Baghdad.
iii. Dr. Hassan Shafiq Al-Ani, Theory of Public Freedoms, Analysis and Documents, Legal Library and Al-Atek for Industry…
iv. Dr. Ramses Bahnam, 1997, The General Theory of Criminal Law, 3rd Edition, The Great Banks Establishment, Alexandria.
v. Dr. Sultan Al-Shawi and Dr. Ali Hussein Al-Khalaf, 1982, General Principles in the Penal Code, Ministry of Higher Education and Scientific Research Press, Baghdad.
vi. Dr. Suleiman Abdel Moneim, 2003, The General Theory of Penal Law, Comparative Study, 1st Edition, Al-Halabi Human Rights Publications, Beirut, Lebanon.
vii. Dr. Alaa Yasser Hussein, 2022, Crimes of Financing and Expenditure in Electoral Advertising, 1st Edition, Dar Al-Wafaa for Printing and Publishing, Alexandria, Egypt.
viii. Dr. Mahmoud Najib Hosni, 1989, Explanation of the Penal Code, General Section, 6th Edition, Dar Al-Nahda Al-Arabiya, Cairo.
ix. Dr. Nagy Imam Muhammad, 2016, Oversight of Parliamentary Elections, Dar al-Fikr al-Jamii, Alexandria.
Third: Theses :
i. Ahmed Benini, 2006, Procedures Paving the Electoral Process in Algeria, Ph.D. Thesis, Faculty of Law, Science and Political Science, Hadj Khider Batten University.
ii. Ashti Hama Saleh Hussein, 2009, Electoral Campaigning for Parliamentary Elections in the Kurdistan Region, Master Thesis, College of Mass Communication, University of Baghdad.
iii. Haidar Abdullah Aboud Jaber Al-Asadi, 2013, the legal organization for the election of provincial council members in Iraq, a comparative study, a master’s thesis, Faculty of Law, University of Karbala.
iv. Mohamed Bou Terfas, 2010/2011, Election campaigns, a comparative study between Algerian and French legislation, PhD thesis, University of Venturi Constantine, Faculty of Law and Political Science.
v. Meziani Farida, 2015, Local People’s Councils in the Light of the Political Pluralism System in Algerian Legislation, PhD Thesis, Faculty of Law, Venturi University, Constantine.
Fourth: Articles and Research:
i. Dr. Ahmed Khalaf Al-Dakhil and Dr. Majid Najm Idan and Akab Ahmed Muhammad, 2016, Electoral Campaign Funding Sources, Research published in the Journal of Tikrit University of Law, Year (8), Volume (3), Issue (29), March.
ii. Dr. Ahmed Talal Abdel Hamid Al-Badri, Electoral Silence in Iraqi Legislation, a legal article published on the civil dialogue website No. (7043) on 01/10/2021 at the link: www.ahewar.org .
iii. Dr. Ahmed Talal Abdel Hamid Al-Badri, 2021, The legality of electoral campaigns, a legal article published on the civil dialogue website No. (7072) on January 9, at the link: www.ahewar.org .
iv. Bouqrn Tawfiq, Controls of Islamic propaganda for political parties during electoral campaigns in Algeria, research published in the Academic Journal of Legal and Political Research, Faculty of Law and Political Science, Omar Thaleji University, No. (3), Volume (2), without publication year.
v. Dr. Gruny Faiza and Nahla, 2020, the principle of impartiality of electoral administration and its impact on the democratic system, research published in the Journal of Judicial Jurisprudence, Volume (12), Issue (1), March, the research is available on the website: www.asdjp.ceristdz .
vi. Zubaydah Arafa, 2021, Controls of Election Campaigns, research published in Afaq Journal for Political and Legal Research, Volume (4), Issue (2), November.
vii. Dr. Saab Naji Abboud and Eng. M. Rasha Shaker Hamid, 2019, Administrative Oversight of the Election Campaign in Iraq, A Comparative Study, Research published in Al-Qadisiyah Journal of Law and Political Science, Issue (2), Volume (10), K1.
viii. Safa Hassan Nassif and Mustafa Turki Humed, 2017, the legal system for electoral campaigning through the media, a study in Iraqi law, a research published in the Journal of Legal and Political Sciences, a special issue of the research of the third international scientific conference, the formation of social awareness among the Iraqi voter after the liberation of Nineveh, University of Diyala, available on the website: www.lawjur.uodiyala.edu.iq .
ix. Dr. Dia Abdullah Al-Asadi, the crime of the election campaign outside the time range of a research published on the website of the Law Library, University of Karbala, at the link: www.uokerbala.iq .
x. Dr. Tohma Muhammad Yousef, 2010, Sponsorship and Hostile Propaganda, research published in Anbar Journal of Legal and Political Sciences, No. (2).
xi. Gaitawi Abdelkader, 2018, The legal system for financing electoral campaigns, a comparative study, research published in the Annals of the University of Algiers, No. 32, Part One, available on the website: www.asjp.cenist.zd .
xii. Murtada Ahmed Khader Al-Qaisi, Electoral Propaganda, for political parties and blocs in Salah al-Din Governorate to elect the House of Representatives for the year 2010, research published in the Tikrit Journal of Legal and Political Sciences, issue (6), year (6).
xiii. Yaish Tammam Shawki and Safi Hamza, 2020, Controls of Election Campaigns in the Maghreb Systems, Comparative Study, Research published in the Arab Journal of Humanities and Social Sciences, Volume 12, Issue (3), Year (12), July, Research Available on the website: www.asjp.cerist.dz.
Fifth: Constitutions:
i. The Constitution of the French Republic of 1958.
ii. The Constitution of the Republic of Iraq for the year 2005.
iii. The Constitution of the Arab Republic of Egypt for the year 2014.
Sixth: Laws:
i. Egyptian Presidential Elections Law No. 22 of 2014.
ii. Law No. 45 of 2014 regulating the exercise of Egyptian political rights.
iii. Egyptian House of Representatives Law No. (46) of 2014.
iv. Iraqi Political Parties Law No. (36) of 2015.
v. Law of the Independent High Electoral Commission No. (31) of 2019.
vi. Iraqi Parliament Elections Law No. (9) of 2020.
Seventh: Systems:
i. The electoral campaign spending regulation system No. (1) of 2013.
ii. Election campaign system No. (5) of 2020.
Eighth: Websites:
i. www.kingmaajim.com, the website of the king of dictionaries.
ii. www.almaany.com The meanings dictionary website.
iii. www.maajim.com dictionaries site.
iv. www.inec.iq, the website of the Independent High Electoral Commission.
v. www.sotaliraq.com, the website of the Voice of Iraq.
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- 2023-01-04 (2)
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