The constitutionality of the waiver of community rights that are protected by penal law

	The constitutionality of the waiver of community rights that are protected by penal law
Journal Of the College of law /Al-Nahrain University
Article 1, Volume 19, Issue 4, 2018, Pages 205-218
Abstract
Constitutionalism is very crucial because with which both legal state and legitimacy are associated. When a law is being passed, it certainly should agree with the constitutional provisionsaccording to the principle of constitutional superiority, which places the constitution on the top of the legal pyramid as the most superior and supreme law.Therefore, a law must abide by the constitutional provisions otherwise that law would be unconstitutional, and it can be appealed as being unconstitutional. Community rights that are protected by penal law are the individual rights that directly or indirectly affect the community as a whole or the collective rights that the constitution protected in its core. The penal law has criminalized the violation of those rights in order to protect them. As for the waiver of rights, any governmental power cannot be given the right to waive the community rights unless it is given merely by the constitution. For example, the president has the presidential pardon according to a clear statement in the constitution. As for the general amnesty act, there is no clear statement in the constitution that regulates that act. Thus, the legislative power does not have the right to enact a law that waives the community rights (general amnesty) because the relative power it has to enact laws must be within the provisions, rights, and liberties that the constitution protected. The importance researching this topic is represented in general amnesty act,firstbeingunconstitutional given the base it lied upon, 153/م of the penal law number 111 of the year 1969, second, its statements which conflicts the constitutional statements. Thus, this paper is going to examine the unconstitutionality of the general amnesty act. This research is divided into three sections. First, it is going to define the community rights that are protected by the penal law. Second, we are going to try to find which power that can waive the community rights protected by penal law. The third part f this research examines the constitutionality of the general amnesty act.

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