A Comparative Study of the Right to Political Participation in the Universal Declaration of Human Rights and the Iraqi Constitution

Author:
MUAYAD HAZIM NEAMAH AL-GBURI
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Nader Akhgari

The right to political participation means the participation of citizens with the intention of influencing the government decision-making process, and political participation affects both individuals and the general policy of the state, and contributes to the redistribution of society’s resources in a more equitable manner, and then the increase in the number of political participants leads to more economic and social justice The research aims to determine the right to political participation in the Universal Declaration of Human Rights and the Iraqi constitution, which is a political principle related to the process of influencing political decision-making and at the same time it represents one of the forms of exercising the political rights and duties of the citizen and includes the basis of the right of political participation in the theory of the nation’s sovereignty and the theory of the sovereignty of the nation. The people and the legal basis that includes in the legislative basis and the international basis, and the conditions for this right must be fulfilled, which are the conditions for enjoying the right to political participation, which are the personal conditions represented by nationality and residence and the condition of complete eligibility, and the objective conditions that the voter is not prohibited from exercising political rights and that he is not affiliated To the military institution, as for the types of the right to political participation in the Iraqi constitution, represented in the participation of the people in preparing the constitution Stor and the participation of the people in the proposal to amend the constitution and the participation of the people in legislating the law, whether in proposing a law or objecting to laws. Individuals, the principle of the rule of law, the principle of peaceful transfer of power, as well as procedural protection represented through the procedures taken by the courts in oversight over texts enacted by the legislative authority and the procedures of the executive authority in case they violate the constitution. As for the protection of the right to political participation, it is through protection The internal legislation, which is represented in the internal legislation that determines how to exercise this right and impose penalties in the event that it is violated, as well as the public opinion that represents the realization of the word of most citizens on the right to political participation, which is an arbitrary expression of the group’s view of the right to political participation, and the protection of the right to participation Political also those in international organizations and international conventions protect this right. The objective conditions and the conditions for exercising the right to political participation and It is the registration in the voters’ and residency tables, and it dealt with the research using the comparative analytical descriptive research method in four chapters, and the study reached a number of results, including that the Iraqi constitution has organized the fields of the right to participate in political life. By direct and secret public suffrage, as for indirect participation represented in the election of the President of the Republic and the Speaker of Parliament, a distinction must be made between the holder of the original nationality and the holder of the acquired nationality.