Constitutional and Legislative Organization of Justifications for Granting and Withdrawing Citizenship in Iraq (a Comparative Study with Algeria)
- Author:
- Munaf Hadi Ali Al-Mansoori
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
After the year 2003, Iraq witnessed a democratic transition, and in particular after the implementation of the Iraqi constitution of 2005, which made a number of changes to the principles related to nationality and in this field specifically, which was embodied in the legislation of the Iraqi Nationality Law No. 26 of 2006, and since the right to a nationality is for every person Among the fundamental rights that have been enshrined at the level of international law conventions and the importance of nationality, its provisions have organized each country in its own law with a difference in strictness or leniency between one country and another in the conditions for acquiring its nationality and later withdrawing it according to the nature of the special circumstances of each country and in proportion to its policy in Determining the people’s component in it from the political, social and economic aspects. The study dealt with the issue of justifications for granting and withdrawing citizenship in the constitutional organization, and the two legislations (Iraqi and Algerian) by clarifying the issue of research in terms of grants and withdrawals in a statement of the foundations on which the Iraqi and Algerian legislators built the legislative and constitutional position In addition to examining the adequacy of the legal texts included in the Iraqi Nationality Law and the comparative legislation for that, as we reached in this regard from the results Our Iraqi constitution indicates the permissibility of granting and withdrawing Iraqi citizenship from those who are naturalized in cases stipulated by law, according to the right of blood and the right of the region in the case of granting citizenship. As for the Iraqi and Algerian legislation, one of the cases of granting citizenship lies in granting it through mixed marriage and the right of reply in front of the issue of legislative withdrawal represented in the lack of some legal conditions and the use of fraud to obtain citizenship. The study showed that there are some provisions regulating granting and withdrawing citizenship in these Legislation needs to be amended and new paragraphs added to the legal articles on this subject. The study called on legislators to address it, and suggested some recommendations in order to avoid this issue, by researching this issue in light of the provisions of the Iraqi Constitution of 2005 and the Iraqi Nationality Law in force. No. (26) of 2006, as well as the amended Algerian Nationality Law in 2005, and we discussed this through three chapters, as in the first chapter we dealt with the concepts, while the second chapter We will discuss the justifications for granting citizenship in the constitutional and legislative organization in Iraq as a comparative study with Algeria, and the third chapter shows the justifications for withdrawing citizenship in the constitutional and legislative organization in Iraq as a comparative study with Algeria, through the study’s adoption of the comparative method in comparison between Iraqi legislation and Algerian legislation, as the study relied on the descriptive approach The study included it in the conclusion.