الحقوق السياسية للقاضي وفق دستور جمهورية العراق لسنة 2005 دراسة مقارنة

The political rights of the judge according to the Constitution of the Republic of Iraq of 2005 (A comparative study)

The rights and political freedoms of the judge are a true criterion for
measuring the extent of the democracy of the ruling system and the
extent of its compatibility and incompatibility with the ideals of
democracy represented in freedom, justice and participation,
because there is no freedom without justice, no justice without
participation or participation without freedom, as these rights are the
direct means for the participation of individuals in political life In
addition, it is considered a means by which the ruled can protect
their rights against abuses of power.
In this regard, the judge is like any citizen who can exercise the
political rights and freedoms guaranteed by the constitution and the
laws that complement it, but his status as a judge who belongs to a
state and represents it at the same time imposes on him certain
restrictions that he must observe when exercising political rights.
Because through it the government’s policy is implemented and
translated into a tangible reality in the lives of citizens, which made
the study of the issue of the political rights of the judge a very
important and thorny importance at the same time, because this is
reflected not only on the judge’s career life, but also on the political
life of society as a whole, which requires conciliation. Demonstrate
the extent to which a judge is able to exercise political rights
without being subjected to employment pressures that may lead to
his dismissal or disciplinary accountability, and the restrictions his
job description may impose when exercising these rights.
This study examines the constitutional limits granted to the judge
when exercising his political rights, the goals that prompted the
legislator to restrict these rights, and how the constitutional texts
B
achieved a precise balance between the political rights of the judge
as a citizen and the requirements for the independence of the
position he occupies. After studying the research problem, it was
found that there is an actual need to bridge the legislative gap to
achieve a balance between the exercise of political rights as a
general principle and its restriction as an exception