General Constitutional Guarantees of the Right to Property in the Iraqi Constitution of 2005 (A Comparative Study)

Abstract

The general guarantees of the right to property are fundamental elements that ensure the safeguarding of individual rights and the advancement of social stability. stability. The importance of the right to property lies in its ability to allow individuals to control their possessions, thereby enhancing their sense of security and dignity. Constitutionally, the significance of this right is highlighted through the supremacy of the fundamental tenets of law, the division of governmental powers, and equality, as these principles help regulate the connection between citizens and the government, as well as prevent the abuse of power. In our research, we adopted a descriptive-analytical approach and a comparative method to study these guarantees within the context of the right to ownership and its sufficiency. This highlighted the significant importance of these principles in safeguarding the right to property. We also concluded that constitutional and ordinary legislators must consider these guarantees when drafting their legislation to ensure the effectiveness of constitutional and legal protection of property rights. Furthermore, it was shown that the existence of effective constitutional guarantees enhances individuals' ability to exercise their rights and freedoms safely.