The Right to Peaceful Demonstration from the Perspective of Iraqi and International law (in Application of the Peaceful Demonstration to Expel Foreigners from Iraq)

Author:
Alaa Hussein Ali Al-Janabi
Level:
Master
Field of study:
law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Reza Muhammadi

Demonstration is no longer restricted to some constitutions and not others, and it is no longer so in some comparative legislations only, and even more than that, the constitutions of the world at the present time, in the most general of them, contain explicit texts of public liberties, as they single out chapters or even chapters. , due to its importance in the contemporary world, and the Basic Law stipulates in its twelfth article that: “Iraqis have the freedom to express opinion, publish and meet, and form and join associations, within the limits of the law.” And that there is a freedom that Iraqis can exercise, which is the freedom of assembly, and although the text did not explicitly provide for the freedom to demonstrate, the meeting, if it was in public places, took the description of the freedom to demonstrate, which must be exercised, according to the constitutional legislator, within the limits of the law, and that they have the right Meeting in calm, unarmed and without the need for prior notification, and meetings, processions and gatherings are permitted within the limits of the law, and the statement of the problem that necessitates what  is the right to demonstrate from the perspective of Iraqi and international law. Where the importance of the research is to highlight the right to demonstrate in Iraqi and international law and to explain the aspect included in the expulsion of foreigners represented in its relationship with the idea of punishment and its connection to the idea of sovereignty and the reasons for expulsion with a statement of security and non-security justifications. As for the results, the right to peaceful demonstration is one of the freedoms that allow citizens to exercise His right to express his opinion in political life or to criticize and oppose the government through peaceful demonstrations and to participate in public affairs, and it is recommended to pay attention to it. This study highlighted an important topic, which is peaceful demonstration, as Iraqi laws and international conventions and charters contributed to protecting freedom of demonstration, on the international level on the one hand, as well as at the regional level on the other hand. Individuals’ means of expressing opinion in the internal and external affairs of the state’s administration, and that the study included three chapters. We dedicate the first chapter to discussing concepts and faculties. As for the second chapter, we will shed light on the legal organization of peaceful demonstration. Then the third chapter will be devoted to knowing, the procedural system, procedures for the right to demonstrate. Peaceful expulsion of foreigners from Iraq and the message came with several results, the most important of which is that demonstration is a basic right and a means of expressing opinion and a means of putting pressure on governments to meet the demands of the demonstrators, a right that is constitutionally enshrined, and it is considered one of the most important political freedoms upon which democratic regimes are built. But it does not mean its exercise without restrictions and controls.