Protecting Public Order from Abuse of Freedom

Abdulkarim Sharif, Muhammed and Saber Hamad, Mariwan (2022) Protecting Public Order from Abuse of Freedom. QALAAI ZANIST JOURNAL, 7 (3). pp. 796-829.

Text (Research Article) 1053-Article Text-2246-1-10-20221223 (1).pdf - Published Version Download (839kB)

Abstract

Since constitutions and laws expressly stipulate immunizing public liberties from restriction, this immunization may not be misused for anything other than the purpose intended by the legislator, such that it leads to an assault on public order. Taking advantage of the immunity granted to him by the constitution on the one hand and the ambiguity of public order on the other hand, and to that end, the constitutions and laws of France, Egypt, Iraq and the Kurdistan Region stipulated, in addition to the right to exercise public freedoms, by restricting them not to violate public order. However, it neglected to mention this along with some other liberties. It gave the executive authority the responsibility to add that the executive authority should be granted the right to restrict these freedoms even with the absence of a text granting the executive authority to restrict freedoms when their exercise led to a danger to public order.

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