Constitutional protection of the principle of equality in assuming public office in Iraqi law

Abstract

    The principle of equality in assuming public office is a universal principle، as evidenced by the fact that the majority of the constitutions of the countries of the world have stipulated it explicitly and some of them implicitly. It is stipulated in international and regional charters and declarations. As for Islamic law، these international charters and declarations preceded the application of this principle on the ground and due to the status it enjoys. The principle of equality is a necessary need for protection through the establishment of constitutional and legislative legal guarantees that guarantee its defense and protection from any violation by the state authorities. The principle of equality is one of the most important constitutional principles upon which all rights and freedoms are based. There is no doubt that the national، international، regional and global interest in the public office and its occupants has become clear. If the selection of employees is correct، the entire state will be sound. The state cannot implement its policy and achieve its goals except through the public in charge of the burdens of the public position..

The constitutional protection of the principle of equality in assuming public office is represented through the guarantees guaranteed by the constitution، directly or indirectly، that the legislator is left to determine the framework of this protection in accordance with general principles that he decides and provide for protection. Iraqi for the year 2005، especially in Article (14) of it، where it states that (Iraqis are equal before the law without discrimination based on gender، race، nationality، origin، color، religion، sect، belief، opinion، economic or social status).