Legal protection of rights and freedoms: civil disobedience as a model

Abstract

Abstract: Civil disobedience is an important legal and social phenomenon that reflects the struggle of individuals or groups against laws they perceive as unjust or oppressive. This research aims to study the concept of civil disobedience within the framework of positive law, analyzing the legal methods through which this disobedience is practiced, as well as the legal conditions that justify it. In this context, the study examines the relationship between civil disobedience and fundamental human rights, such as freedom of expression and peaceful assembly. The research also explores the impact of civil disobedience on political and social systems, and how it contributes to social and political change. The study includes an analysis of the different concepts of civil disobedience in various legal systems, from Western legislation to legal frameworks in developing countries. Additionally, the research addresses the legal and ethical challenges individuals face in practicing civil disobedience, such as the boundary between peaceful resistance and violence, and how this phenomenon is handled in courts of positive law. Ultimately, the study aims to provide a comprehensive perspective on how civil disobedience is accepted or confronted in positive law, and the role of the judiciary in assessing the legitimacy of this disobedience. © 2023 TUJR, College of Law, Tikrit University