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The Stauble in the Right to Litigation "A Comparative Study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 34, Volume 15, Issue: 1 part 1, March 2025, Pages 948-969 PDF (689.43 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.155898.1416 | ||
| Authors | ||
| FAREED HANEEN JASIM* ; HUSSEIN JABBAR LAZIM | ||
| College of Law / University of Maysan | ||
| Abstract | ||
| The right to litigate has become a universal principle, and virtually all States' constitutions agree on it. It is one of the safeguarded duties that the State guarantees to its societies. Therefore, individuals have the right to exercise this right, whenever they want to, they are free to make their own arguments in court, which considers their disputes, but this freedom is not absolute. It is constrained by the lack of contradiction that would harm others. Islamic jurisprudence has created the rule of "Whoever seeks to overturn what has been done for his part as a response", in order to prevent contradiction. Then the western jurisprudence and judiciary introduced it into its legal systems and named it the stobble until it became a rule of law to be followed, this research examined the possibility of reconciling the freedom of adversaries to make their own arguments with the principle of preventing "staple" inconsistencies. | ||
| Keywords | ||
| Right to litigation; judiciary; estoppel | ||
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