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Subject review A commentary on the judgment of the Iraqi Federal Supreme Court on the restriction of freedom of travel: compared with the Egyptian judiciary | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 51, Volume 16, Issue: 2, June 2026, Pages 1267-1274 PDF (833.07 K) | ||
| Document Type: Review Paper | ||
| DOI: 10.37651/aujlps.2026.171738.1764 | ||
| Author | ||
| Anes Ghanam Jbara* | ||
| قسم القانون/ کلیة القانون والعلوم السیاسیة/ جامعة الانبار/ العراق | ||
| Abstract | ||
| This study offers a critical analysis of the position adopted by the Iraqi and Egyptian constitutional judiciary about restrictions on freedom of travel, in the context of a recent ruling by the Iraqi Federal Supreme Court to assess the current orientation in Iraqi jurisprudence. In addition, a review of the tendency in Egyptian constitutional jurisprudence was conducted. The study adopted a comparative analytical approach, which entailed clarifying the constitutional basis and the reasoning followed by the Iraqi and Egyptian rulings. Subsequently, a legal evaluation of the aforementioned tendency was conducted, employing the principle of proportionality to limit public rights and liberties. The study concluded that the Iraqi constitutional judiciary tends to regard travel restrictions as a permissible regulatory measure, subject to subsequent oversight. In contrast, the Egyptian judiciary adopts a stricter approach by requiring a prior judicial order for such restrictions. The author argues that this constitutes a stronger protection of personal freedoms under the Egyptian judiciary compared to the Iraqi constitutional judiciary. The scientific originality of this research lies in the fact that it offers a critical comparative assessment to reveal the philosophical foundations underlying the two approaches. | ||
| Keywords | ||
| Freedom of movement; freedom of travel; travel restriction; proportionality principle; protection of rights and freedoms | ||
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