Freedom of Expression in Islamic Political Jurisprudence and the Iraqi Constitution
- Author:
- Israa Hameed Maeedi Al-Ghuraibawi
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Husain Andalib
The issue of freedom of expression will focus on the means of speech and writing (press, publishing) and the media (radio and television) because these means represent the basic forms of freedom of expression despite the existence of rights and freedoms that can be called (rights adjacent to freedom of expression), and we did not address these Rights or freedoms as they represent independent subjects for which constitutions single out independent texts, and the legislative authority issues ordinary laws for them separate from the laws regulating the basic forms of freedom of expression referred to. The aim of the research is to monitor this right among the historical developments that it has gone through and to stand at the legal guarantees granted by the international and national legislature to ensure freedom of opinion and expression in support of the historical stages it made for the human rights process, and then present the legal and moral responsibilities resulting from the exercise of this right and finally different and multiple forms To exercise freedom of opinion and expression. Hence the main question: What is the right to freedom of opinion in Iraqi law and political jurisprudence? The answer to this question is complete, human rights have gone through historical stages. After their nucleus was based on custom, customs and traditions, they were gradually adopted by states, as they were taken and approved by the legislative authority in their ordinary laws. Then the matter developed into incorporating them into the core of constitutions, and they became a window into the state and its legislative authority. Finally, it was declared by international conventions and nations from all parts of the world proclaimed it. Freedom of expression as one of the basic freedoms and a fundamental human right has gone through these stages like any other right. In this research, we will follow the comparative descriptive analytical method. The importance of this research lies in the representation of freedom of expression as the voice of what roams in the minds of the people, and it is the best way to identify the desires of individuals, and that the demand for freedom of expression comes as a natural response to its importance with regard to the individual’s right to vent the feelings and opinions that he believes in him. Freedom of expression is an outlet for the people through which the individual expresses his thoughts and opinions with complete freedom, and then the formation of a public opinion that has effectiveness and the possibility of discussion and criticism in order to achieve the public interest, and the importance of this freedom appears by considering it the mother freedom of all other mental freedoms. Or in other words, all intellectual freedoms actually revert to the idea of freedom of expression.