النظام العام والآداب العامة في دستور جمهورية العراق لعام 2005-دراسة تحليلية
Volume 13 , Issue 1 , June 2025 , Pages 91-114
Authors
10.17656/jlps.10324
Keywords
Abstract
The concept of "public order and morals" is one of the fundamental
principles that govern modern societies, aiming to achieve a delicate
balance between individual freedom and social responsibility. In
modern constitutions, including the 2005 Constitution of the
Republic of Iraq, these values and principles appear in various
articles, reflecting their importance in maintaining societal stability
and moral values.
Public order and morals refer to a set of imperative rules and ethical
standards designed to protect the interests and moral fabric of
society. These are sometimes defined by explicit legal texts issued
by the legislature, and in other cases, derived implicitly by the
judiciary when necessary, guided by established social norms.
Individuals become aware of these rules by consulting the official
gazette, referring to published civil, criminal, and administrative
legal texts, as well as judicial jurisprudence reflected in decisions
and verdicts, in addition to scholarly references that explain their
content and practical applications.This study addresses the concept of public order and morals as
derived either from the preamble of the 2005 Constitution of the
Republic of Iraq or from its explicit provisions.
Keywords: Public order – Public morals – Constitution of the
Republic of Iraq – Constitutional protection – Preamble of the
Constitution.
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- First online15 June 2025
- Published at15 June 2025
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