الحماية الدستورية للأمن الفكري (دراسة فلسفية دستورية) . | ||
AL-Qadisiya Journal For Law and Political Sciences | ||
Volume 14, Issue 1, May 2023, Pages 295-335 PDF (879.94 K) | ||
Author | ||
أ.م.د غانم عبد دهش الشباني | ||
AL-Qadisiya Journal | ||
Abstract | ||
Providing constitutional protection for intellectual security means protecting and preserving human thought from deviant ideas and cultures، and it is a very difficult task، as when the state intervenes to achieve its goal of achieving intellectual security، by monitoring the intellectual activities of individuals، and in order to organize the intellectual activity of the individual، it must balance Accurately between the individual's freedom to obtain information by legitimate means، and its peremptory authority to determine the legal rules necessary to regulate this right to provide intellectual protection for the individual and society، by not exceeding the limits of regulation into the field of restriction. The importance of research in the issue of constitutional protection for intellectual security lies in the fact that it takes a legal and constitutional dimension related to the security and stability of the state، and the right of the individual and society to live in an intellectual and cultural environment that is always safe from violation.In order to understand the aspects of the subject، the study was divided into two sections، we devoted the first to explaining the conceptual and philosophical framework of intellectual security، and we singled out the second to studying the constitutional means necessary to protect intellectual security. It has become clear to us from the research that the basic rule for creating an effective system for the protection of intellectual security is embodied in the presence of explicit texts at the heart of the constitutional document، which requires the protection of human thought، mind and culture، and the referral of its organization to the ordinary legislator by enacting a law concerned with the protection of intellectual security in an independent manner، and the consolidation of this Protection by creating constitutional institutions specialized in rooting and spreading culture، respecting human thought، and feeding it with information from authentic and discreet sources and perspectives.We ended the research with a conclusion that included the most important results and recommendations that resulted from the research، which we hope will pave the way for researchers to continue research on this subject، and guide the Iraqi legislator to give full protection to intellectual security. | ||
Keywords | ||
الحماية الدستورية للأمن الفكري (دراسة فلسفية دستورية) | ||
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