الحقوق الدستورية الرقمية

م.د ولاء حسين خزار

doi:10.64184/ajlps.V3.I3.Y2026.p.641-666.422

Authors

Lecturer Dr. Walaa Hussein Khazar University of Thi Qar / College of Computer Science and Mathematics Author

DOI:

https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.641-666.422

Keywords:

Constitutional engineering, transitional constitution, permanent constitution

Abstract

The tremendous development in information and communication technologies has led to the emergence of a new space for human existence, one not subject to traditional physical constraints—the digital or cyber space. Consequently, the exercise of public rights and freedoms has shifted from the physical realm to the virtual one, necessitating a re-evaluation of the adequacy of existing constitutional texts to protect individuals in this new environment. Human dignity is no longer solely protected by physical boundaries, but now depends on the protection of personal data, the confidentiality of communication, and freedom of expression across platforms. Freedom of opinion is no longer measured by the circulation of a newspaper or publication, but rather by the speed of digital dissemination and the breadth of interaction. Hence, the need arises for a constitutional approach that transcends a literal interpretation of the text, offering a dynamic reading of the constitution's general provisions that incorporates technological advancements without compromising its fundamental principles. Analysis has demonstrated that digital rights are not new rights independent of traditional rights, but rather an organic extension of them, necessitated by a change in medium, not a change in essence. The research concluded that the true guarantee of these rights is not achieved merely through general constitutional recognition, but rather rests on three interconnected pillars: clear legislation that defines the nature of digital rights and the limits of their restriction according to objective standards; a vigilant judiciary that exercises its oversight role as the faithful guardian of the constitution; and transparent procedures that enable individuals to defend their privacy and freedom in a boundless digital space. Thus, when interpreted in the spirit of the times, the constitution remains capable of serving as a protective shield for humanity, whether as a physical entity in the real world or as data within the internet.

References

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A. Constitutions

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2. The 2005 Constitution of the Republic of Iraq.

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1. Iraqi Consumer Protection Law No. (1) of 2010.

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1. Iraqi Electronic Commerce Regulation No. (4) of 2025.

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1. Rulings of the Iraqi Federal Supreme Court

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1. Ruling No. 158/T/2020 issued by the First Criminal Court of Duhok in its capacity as a court of cassation, dated January 4, 2020.

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2. Decision No. 5130/2019 issued by the Iraqi Civil Service Court on December 22, 2019.

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