Guarantees of good application of procedural justice - an analytical study -
الكلمات المفتاحية:
substantive guarantees. - procedural guarantees. - judicial request. - two-level litigation. - publicity. - the right of defense. - the principle of confrontation. - equality between opponents.الملخص
Abstract: The principle is that the civil judicial ruling issued in the civil litigation is supposed to be a title of the factual and judicial facts as much as possible, and is correct in both formal and objective terms, but the ruling cannot reach that goal and achieve the necessary stability for the rights and legal positions of the litigants and spread confidence and reassurance in their souls about what has been decreed. With it, except after ensuring due respect for a set of guarantees for the achievement of procedural justice, which the legislator guaranteed to the litigants on an equal footing when they resorted to the judiciary and the use of procedural rights and bearing the duties and burdens imposed by the course of the litigation in order to achieve a just, urgent and prompt judiciary that resolves the dispute in the case in question.
المراجع
First: Arabic language dictionaries.
Ibn Manzoor, Lisan Al-Arab, Dar Lisan Al-Arab, Volume Three, Dar Sader, Beirut, without a year of publication.
Al-Khalil bin Ahmed Al-Farahidi, The Book of Al-Ain, investigation by Dr. Mehdi Makhzoumi and d. Ibrahim Al-Samarrai, Part 2, Dar Al-Hijrah Institution, without a place of publication, 1980.
Abdullah Al-Alayli, Al-Sahih fi al-Languah and Sciences, Dar al-Hadara al-Arabiya, Volume Two, Beirut, without a year of publication.
Ali bin Muhammad al-Jurjani, Book of Definitions - Dar Revival of Arab Heritage for Printing and Publishing, Beirut, 2003.
Muhammad ibn Abi Bakr ibn Abd al-Qadir al-Razi, Mukhtar al-Sihah, Dar al-Kutub al-Ilmiyyah, Beirut, Lebanon, 1990.
Muhammad Mortada Al-Zubaidi, Crown of the Bride in Jawaher Al-Qamous, Al-Mubta’ Al-Khairiya, Cairo, 1306 AH.
Second: legal books.
Ibrahim Amin Al-Nafyawi, Arbitrariness in Litigation, first edition, Dar Al-Nahda Al-Arabiya, Cairo, without a year of publication.
Ajyad Thamer Al-Dulaimi, Explanation of the provisions of the Iraqi Civil Procedure Law, printed lectures, Dar Al-Jeel Al-Arabi Library, Mosul, 2007.
Ajyad Thamer Nayef, Introduction to the Study of Civil Procedure Law, Dar Al-Kutub Al-Qanuni, Cairo, 2014.
Ahmed Abdel-Wahhab Abu Warda Al-Sayed, The Human Right to Litigation between the Requirements of Respect and the Points of Violation, Dar Al-Nahda Al-Arabia, Cairo, 2006.
Adam Wahib Al-Nadawi, Civil Procedures, Dar Al-Kutub for Printing and Publishing, University of Mosul, 1988.
Al-Ansari Hassan Al-Nidani, The Legal System of the Constitutional Rights of the Adversary, New University House, Alexandria, 2009.
Basma Maan Muhammad Thabet, The Principle of Confrontation between Adversaries, New University House, Alexandria, 2015.
Khaled Mostafa Fahmy, The Civil Responsibility of the Journalist in his Journalistic Work, New University House, Alexandria, 2005.
Salem Rawdan Al-Musawi, Crimes of Libel and Insult via Satellite Channels, Baghdad, Sabah Library, 2010.
Saeed Hamdin, The Principle of Litigation on Two Degrees, Legal Research Library, Algeria, 2019.
Saleh Ahmed Al-Ferjani, The Principle of Equality before the Law and its Applications in Libyan Law, Faculty of Law, University of Tripoli, Libya, without a year of publication.
Abdel Tawab Mubarak, Al-Wajeez in the Fundamentals of Civil Justice, first edition, Dar Al-Nahda Al-Arabiya, Cairo, 2005.
Mahmoud Al-Sayed Omar Al-Tahiwi, The Multiple Litigants and Its Impact on the Litigation of Appeals in the Judicial Ruling, New University House, Alexandria, 2010.
Nabil Ismail Omar, Civil Procedure Code, Faculty of Law, Al-Halabi Human Rights Publications, Beirut, 2009.
Nabil Omar, The Origins of Civil and Commercial Procedures, New University Publishing House, Alexandria, 1999.
Third: letters and treatises.
Ajyad Thamer Al-Dulaimi, Annulment of the Civil Case Petition for Negligence with Procedural Duties - An Analytical and Comparative Study, PhD thesis submitted to the Faculty of Law - University of Mosul, 2010.
Baraquiya Rabie, Jiwat Hussein, Amer Enas, the original judicial request, a graduation memorandum for obtaining a postgraduate degree for judges, Algeria, 2009.
Reem Muhammad Nazir Al-Hayek, Guarantees of the Human Right to Litigation, High Diploma Research Submitted to the Faculty of Law - University of Mosul, 2013.
Fourth: legal research.
Ali Yousef Muhammad Al-Alwan, Administrative Litigation at two degrees and its role in preserving individual rights and freedoms, research published in Studies Journal, Volume 43, Number 1, Zarqa Private University, Jordan, 2016.
Ammar Saadoun Al-Mashhadani, Procedural Duties of the Opponent, a research published in Al-Rafidain Journal of Law, College of Law - University of Mosul, Volume 11, Issue 39, 2009.
Muwaffaq Ali Obaid, Secret Judicial Investigations in Observance of Public Security and Public Morals, research published in the Journal of Tikrit University for Human Sciences, College of Law - University of Tikrit, Volume 15, Number 10, 2008.
Fifth: Laws.
Iraqi Civil Procedure Law No. 83 of 1969.
