Legislative Deficiency in the Provisions of Procedures Restricting Personal Freedom " A comparative study "

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Published: Jan 9, 2025
Keywords:
Legislative deficiency, personal freedom, Arrest, Detention

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Ali Kareem Shajar
Ban Hikmat Abdul kareem

Abstract

Legislative deficiency is a natural phenomenon that cannot be avoided. Its prevalence and generality in all legislation is due not only to the deficiency inherent in the nature of those responsible for making legislation, but also to their failure to take into account the sound foundations in legislative formulation when enacting or amending legislation, or to the inability of the legislation itself to keep pace with the facts of renewed and evolving life.


 The provisions of criminal procedures, especially those restricting personal freedom, such as arrest and detention included in the Code of Criminal Procedure, have not been spared from the prevalence and generality of the phenomenon of legislative deficiency, which prevents the achievement of the desired goal or purpose and weakens its ability to satisfy the needs for which it was legislated, and this ability may be completely absent

Article Details

How to Cite
Kareem Shajar ع. ., & Hikmat Abdul kareem ب. . . (2025). Legislative Deficiency in the Provisions of Procedures Restricting Personal Freedom " A comparative study ". MIsan Journal of Comparative Legal Studies, 1(12), 314–348. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/361
Issue
Vol. 1 No. 12 (2025): MIsan Journal of Comparative Legal Studies
Section
Articles

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E.A.Makttoof , Kassim J.K , K.H (2020). Distribution of different forms of phosphorus in calcareous soils from middle and south of Iraq . Al-Qadisiyah Journal For Agriculture Sciences,10, 1, 2020, 293-303.

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