Expropriation of private property for the public benefit A comparative study of the Iraqi constitution and international human rights covenants

problematic and its solution We studied the theory of balance between benefits and harms as a judicial control over the benefit condition. We also answered the question that the nature of the property right is a right and has a social function, and to solve the problem in a practical way we created guarantees for expropriation and is represented in judicial guarantees as a lawsuit unconstitutionality of laws and compensation lawsuit if the administration has  Abusive in the expropriation of property without observing the procedures or paying compensation in kind and in cash, and finally, we made recommendations, including the abolition of the legal free quarter because it was not mentioned for it in the constitution, as well as  The necessity to define the standard of public benefit similar to the rest of the legislation, especially from the same Iraqi legislation of 1970, because it is the only justification for expropriation.