Constitutional Protection of Religious Freedom under the 2005 Constitution in Force Comparative Study--

Abstract

       Public freedoms represent a vital and renewed the subject at one time, so it is related to the most important peculiarities of human, so the description legal state is  not depended on how respect for human rights and freedoms, as the state in which the disgraced man and detract freedoms in the name of law is undoubtedly a State which is not related   to the law.                                                                                                 

        The constitutions of states have ensured their different ideologies and philosophies the freedom of belief of the citizen and foreign alike, not only at the theoretical aspect of the freedom of religion, but also ensured the practical side of this freedom in the light of the guarantees of freedom of religious practice.

The constitutions of Iraq is not ensured of this rule from  emergence of  its modern state and included texts guarantee freedom of belief and religious practice.

There is a permanent constitution of the Republic of Iraq for 2005, which cuts and many steps on to provide freedom of belief and religious practice and calls for the need to protect freedom .This would bestow freedoms a special protection and make them enjoy constitutional worth .But this passed the normal regulation of each legislator. In other words, religious freedom should not be understood as a free without restrictions and legal controls show the legal framework which individuals can exercise those freedoms under normal or exceptional circumstances as well as the international regulations governing for this freedom. That is  why, the freedoms' practice should not be on the account of rights and freedoms of others t or on state rights.

This research sheds light on an important aspects of the of public freedoms .It is the man's freedom to choose his religion, it is obvious that this freedom occupies a high place in the hierarchy of public freedoms because of its bearing a paramount importance.

     Search was adopted the two approaches. The first approach (content analysis), which depends constitutional provisions relevant, in order to elucidate the essence and stand on the implications analysis method, and so to develop its role in providing the necessary freedom to practice protection, which is located within the context of the area of ​​competence of the second approach, and reflected the curriculum (career analytical) to complete the task of analyzing the nature and extent of the constitutional, legal and international guarantees of religious freedom, and this is what will be detailed in the paragraphs of the search.