Human Rights as a Limitation on the Competence of Parliament A Comparative Study between the French, Iraqi and Tunisian Constitutions

The constitutional state is based on a basic rule that those in charge of government are taken over by the people and according to democratic principles, and since the constitutional legitimacy requires that the authority is legitimate in a case based on the criterion of respect for the people’s choices, and it is a balance between rights and duties. The transcendence of human rights and making them in the first chapter or chapter of the constitutional document and in a stage that transcends the constitutional organization of public authorities, but that organization needs constitutional mechanisms to ensure its achievement, most notably the establishment of severe restrictions And not to free Parliament by enacting legislation restricting human rights, because those rights are not a gift from the public authorities, but rather are eternal rights since God Almighty created humanity on the planet. Mosque. From that problem, we ask: Are human rights a restriction on the legislative competence of Parliament? Was the parliamentary legislation adopted in Iraq able to achieve adequate representation to achieve what those rights indicated? The aim of discussing the issue of human rights as a restriction on the legislative competence of Parliament The word human rights means the set of rights that an individual deserves as a human being and must enjoy from his birth. It is the right of every human being to live with dignity, dignity and freedom without fear of being subjected to injustice, oppression and humiliation. There is no doubt that the derogation of any human right is a derogation from the humanity of a person and is a violation of his rights and dignity. The tendency of the Iraqi constitutional legislator to include constitutional texts that make human rights basic principles of the constitutional system and they are not subject to interpretation or violation by all authorities, which Parliament highlighted in a situation that prevents it from enacting laws in any way that violates human rights as they are eternal rights that cannot be derogated, and they are a dividing line between the state Constitutionalism, citizenship and totalitarian government. The research was based on the description methodology and then analyzed the data in order to arrive at an appropriate formulation of the hypothesis that was developed to answer the research questions.