Basic Legal Proceeding and its Role in Protecting Rights and Freedoms (Acomparative Study)

Our study revolves around legal judgment and its effective role in protecting rights and freedoms. As the only tool and the most effective tool for guaranteeing the rights and freedoms of individuals، or violating the rights and freedoms of the people and the authority of the government in the process of issuing laws and legislating them، only “legal judgment” is an obstacle to those powers that are the legislative and executive powers and for that discussion was necessary. Legal judgment and its role in protecting rights and freedoms in this research، we reached the most important results with a descriptive and analytical approach، the most important of which is that “legal judgment” is a product of development. Constitutional systems and society’s need to regulate rights and freedoms، and there is no better guardian for them than legal judgment، which monitors and examines the constitutionality of laws and regulations. The most important guarantee established by the Iraqi legislature in the 2005 constitution is that it allows individuals to file “cases in the courts.”The Federal supreme court، unlike some systems that limited this possibility to certain parties and for certain periods. among the models adopted by our study، foreign models in the matter of constitutional review are the constitutionality of laws، which is the subsequent review of the constitutionality of laws represented by judicial review in the United states، as well as the previous review performed by the constitutional council. is established in france and lebanon، compared to and through Iraq، we concluded that the subsequent monitoring proved its merit with regard to the monitoring of laws in the field of rights and freedoms with a significant improvement in the previous control based on the constitution، and from in this perspective، the iraqi legislator has adopted the principle of subsequent control over the constitutionality of the laws and stipulated that it should be formed by a competent judicial institution، and in short، “legal judiciary”: the representative of the people’s rights and rights against freedom from the arbitrariness of the authorities.