The Philosophy of Parliamentary Immunity and Its Scope in Light of the Development of Jurisprudence and Legislation a Comparative Study Between Iraq and Algeria

The philosophy of parliamentary immunity away from complexity and entering into complex philosophical terms is the constitutional basis on which immunity is based. It also means the justifications or goals for which parliamentary immunity was found to achieve, foremost of which is the independence of Parliament and the exclusion of the representative from any threat or arbitrary measure impeding his work. In other words, immunity is one of the most important guarantees that prevent criminal proceedings against the canine. What was stipulated by Iraqi and Algerian legislators in effective constitutional texts. The main purpose of this research is to show the importance of having parliamentary immunity at a time when jurisprudential and even popular demands are increasing in some countries, including (Iraq) to abolish parliamentary immunity because some MPs exploit this principle and use it as a means to achieve partisan or personal interests away from the interests of the people they represent. Next, knowing what the philosophy of parliamentary immunity is and the scope of its application in light of the latest legislation approved in Iraq and Algeria, which are represented in the justifications of immunity, its objectives and its substantive and procedural scope, which brings us to its spatial and temporal scope. Through this, we came to a very important conclusion, which is that immunity is a principle that cannot be abolished in the parliamentary system, provided that it is restricted by determinants to ensure the achievement of its goals only and to prevent it from being used as a cover for committing crimes and impunity. We ask God that we have succeeded in this research and perfection is for God alone.