ضمانات حرية الرأي والتعبير في النظام الدستوري العراقي بين النص والممارسة

Abstract

Jurists define freedom of opinion and expression as: enabling the individual to seek information, ideas, and belief as he pleases, and in that expression of his political, religious and philosophical ideas and opinions in any way and be in different ways, including discussion or exchange of views, whether by practicing religious rituals or Education or by publishing or any other means. From this standpoint, freedom of opinion and expression is a natural and legitimate right with a human value that embodies human freedom, and every suppression of this freedom is a degradation of the human value. Therefore, modern constitutions - including the Iraqi constitution - have tended to include it in the text of the constitution and ensure its implementation, considering its presence as evidence for Establishing a democratic system based on the provisions of the constitution, and thus it is an essential pillar for good governance.And if the constitutional text has made this right a constitutional right of supreme constitutional value that transcends all principles and legislative provisions issued based on its text, is this sufficient guarantee to prevent others from transgressing this right? Or do the politicians - represented by the legislative authority have another say, and it influenced the existence and effectiveness of this constitutional right.