Freedom to Form Political Parties in Iraqi Law A Case Study of Political Parties, Law No. 36 for the Year 2015

Freedom to form political parties plays an important role; A closer look at the governments of the modern New World shows that the right to freedom of association is one of the most important human rights, and that the principle of democratic governance is the peaceful exercise of power and the consolidation of human rights and freedoms. The starting point for this individual and social freedom is not only at the national level of each country and through its recognition in the constitution and its legal regulation, but also at the international level, and this right must be guaranteed to the people of the world. Historically, the roots of political parties date back to the seventeenth century and the legal rights of these parties and organizations, including the protection of the names and leaders of these parties and the enjoyment of legal personality and the enjoyment of fair interaction regardless of political beliefs or language, ethnicity and religion. The people have the right to participate because when a majority or a minority is in power, participation is a tool for the opposition and the rulers. Since the freedom of formation of political parties deserves to be recognized in the constitution and regulated by law, the purpose of this study is to understand the nature of this freedom, the limits and ways of its legal organization and explain its actions. According to the rules of law, any organized group that is established and is based on common principles and ideals and works through participation in government responsibilities and with political and democratic tools to achieve specific programs in the fields of economic, political and social affairs, political party is considered. The subject of this research is related to the freedom of formation of political parties and other political groups as well as the freedom of membership in these groups. We also examine the objective rules that are used to legitimize political parties and ensure that they operate without compromising their nature. The financial resources of political parties and ways to control it are other topics that are discussed in this dissertation. Article 74 of the Constitution, stipulates that “citizens have the right to form political parties within the framework established by law, and any political activity or formation of political parties on the basis of discrimination, sectarianism, race, ethnicity, sectarianism or geographical area is prohibited.” Also, activities that are contrary to the principles of democracy, secretly or militarily and militarily, are prohibited, but the dissolution of these parties is posible only by a court order. In fact, the purpose of this legal article is to remove the restrictions imposed on the establishment of parties and their freedom of activity. This is the only guarantee of any democratic system, and society can not prosper without these institutions. Reform institutions that expose the mistakes of the authorities and defend the interests of the citizens and express their views and contribute to solving the problems of the people and shape a better future for the country in which all citizens enjoy justice and freedom. The law of political parties in Egypt is the governing authority for the freedom of formation of political parties.