Constitutional and administrative guarantees for the work of civil society organizations A comparative study between Iraq and Lebanon

Author:
Vesam Hasan Mandil AL-Saryavi
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2021
Publisher:
URD Press
Supervisor(s):
Syed Mohammad Mehdi Ghamami

One of the accepted principles in democratic systems is that the constitution represents the highest legal document in the state that has legal foundations that shape the government and its system of government in terms of regulating the powers of government officials, and defining rights and freedoms. Determines ..

 In addition to regulating fundamental issues in the state, the Constitution also regulates the issue of individual rights and freedoms, whether personal, political, social, or economic, in order to respect these rights and freedoms, guaranteeing these rights. , Must be stated in them. Because the text in them ensures that government officials do not go beyond these texts because they are constitutional texts and constitutional texts are distinguished by transcendence and superiority over other laws, in order to ensure that these officials have the authority They do not go beyond themselves, the issue of constitutional oversight in the status quo is a legal mechanism whose task is to verify the degree of conformity of laws with the constitution. The state constitution is the main guarantor of the rights and freedoms of individuals, as enshrined in the Iraqi constitution, which is addressed in Chapter Two (Rights and Freedoms) in addition to Article 13 in Article 14. -46) is also specified.

 It is no secret that Iraq has ratified many of the international agreements on this subject under the Special Law on the Establishment of International Conventions and Treaties No. 111 of 1979, which makes Iraq Heads of state must respect individual rights and freedoms. The issue of the rights and freedoms of individuals and the establishment of civil society organizations has now become one of the basic demands of the people, especially after the changes that the political systems of the Arab countries witnessed during the period (2003-2003). 2010 m) is called the Arab Spring.

 In Lebanon, Lebanese civil society is examined because it demonstrates the ability of civil society organizations to adapt and work in an environment that is inherently unstable and constantly changing. Over the years, this society has been able to clearly reflect the interests of Lebanese citizens, and Lebanon is a democratic republic that guarantees civil liberties and rights, despite the widespread spread of corruption, which indicates the existence of an unstable political system with a It is a strong sect that leads to severe divisions that hurt civil society, so it is difficult for civil society organizations to protect its basic and administrative guarantees.

 And since civil society organizations are among the human rights that suffer from the problem of lack of explicit guarantees, whether constitutional or administrative, the nature of the guarantees that civil society organizations are protected must be clarified by the constitution, laws and regulations do

 For this reason, we chose the title (basic and administrative guarantees for the work of civil society organizations) as the subject of our research.