The Social Excellence of the Constitution “An Analytical Study”
DOI:
https://doi.org/10.32792/tqartj.v3i41.412Keywords:
social superiority, constitutional organization, political stability, belonging to the homelandAbstract
The focus of this research is on the social supremacy of the constitution, as it stands at the extent of individuals' attachment to their constitution and constitutes one of the constitutional foundations in the modern state, and through it the proper constitutional and political construction is formed, due to the legal system in the state being linked to constitutional provisions, which must be applied to all legal rules in force in the state. If these laws or regulations conflicted in their texts, spirit, or objectives with the social eminence of the constitution, then the predominance or preponderance of the latter, so our research came to address this by reviewing the constitutional organization of social eminence as one of the basic elements for achieving political stability and social security. Individuals feel a sense of belonging to the homeland, and gives them the right to adhere to their constitution.
Downloads
References
First: books and literature
- Dr. Ihsan Hamid Al-Mafarji and others, General Theory of Constitutional Law and the Constitutional System in Iraq, Al-Sanhouri Library, Baghdad, 2008.
- Dr. Ahmed Fathi Sorour, Constitutional Protection of Rights and Freedoms, 2nd edition, Cairo, Dar Al-Shorouk, 2002.
- Baqir Sharif Al-Qurashi, The Political System in Islam, 2nd Edition, Dar Al-Tarif for Publications, Beirut, 1398 AH.
- Dr. Jaber Jad Nassar, Mediator in Constitutional Law, Arab Renaissance House, Egypt, 2000.
- Dr. Hossam Issa and Dr. Fathi Fikri, and others, constitutional amendments, future visions, discussions of the Constitutional Reform Forum, 1st edition, Development Partners for Research and Consulting, Egypt, 2007.
- Dr. Hassan Kaira, Introduction to Law, Part One, Manshaat al-Maarif in Alexandria, without a year of printing.
- Hassan Musa Al-Saffar, Political and Social Stability, Its Necessities, and Its Guarantee, 2nd Edition, Arab House of Science, Beirut, Lebanon, 2005.
- Dr. Zuhair Shukr, "The General Theory of Constitutional Judiciary", Part Two, 1st Edition, Beirut, Lebanon, Dar Al-Bilal, 2014.
- Dr. Zuhair Shukr, The General Theory of Constitutional Judiciary, Part One, 1st edition, Beirut, Lebanon, Dar Al-Bilal, 2014.
- Martyr Sayyid Muhammad Baqir al-Sadr, Islam Leads Life, 2nd edition, Tehran, 1403 AH.
- Dr. Abd al-Ghani Abdullah Bassiouni, Mediator in Political Systems and Constitutional Law, without publishing house and country, 2004.
- Abdullah Al-Aroui, Concept of Ideology, 8th Edition, Arab Cultural Center, Casablanca, Morocco, 2012.
- Dr. Esmat Abdullah Al-Sheikh, The Constitution between the Requirements of Stability and the Requirements of Change in Light of the Legal Idea Prevailing among Community Members, Dar Al-Nahda Al-Arabiya, Cairo, Egypt.
- Dr. Ammar Ali Hassan, Ideology, 1st Edition, Nahdet Misr for Printing and Publishing, 2007.
- Dr. Awad Al-Murr, Judicial Oversight of the Constitutionality of Laws in Its Main Features, René-Jeanne Debouy Center for Law and Development, 2003
- Dr. Fouad Muhammad Al-Nay, Principles of the System of Government in Islam, 2nd Edition, Dar Al-Manar for Publishing and Distribution, Cairo, 2005.
- The Arabic Language Academy, Al-Mojam Al-Waseet, Part 1, Edition 2, Dar Sader, Beirut, Lebanon, 1972.
- Dr. Mustafa Abu Zaid Fahmy, Constitutional Law in Jurisprudence and Jurisprudence, University Press, Alexandria, 2008.
- Dr. Mustafa Al-Awaji, Social Security, Nofal Foundation, Beirut, Lebanon, 1983.
- Dr. Mustafa Mahmoud Afifi, Constitutional Control in Egypt and Foreign Countries, 1st edition, Egypt, Saeed Raafat Library, without a year of printing.
- Dr. Munther Al-Shawi, Philosophy of the State, 2nd Edition, Al-Zakhira for Publishing and Distribution, Baghdad, 2013.
- Dr. Muayad Zaidan, Legal Sociology, Syrian Virtual University Publications, Syrian Arab Republic, 2018
Dr. Yahya El-Gamal, The Constitutional Judiciary in Egypt, Cairo, Egypt, Arab Renaissance House, 2010.
Second: translated books
- Abd al-Rahman Badawi, Emmanuel Kant, Philosophy of Law and Politics, Publications Agency, Kuwait, 1979.
- Leanne McKay, Towards a Culture of the Rule of Law, 1st Edition, United States Institute of Peace, Washington, 2015.
Third: Researches
- Dr. Ahmed Fadel Hussein and Sanaa Abd Tarish, Constitutional rules and their impact on achieving social security, University of Diyala, Faculty of Law and Political Science, the first college conference, research - the first college conference.
- Dr. Ahmed Fathi Sorour, The Approach to Constitutional Reform, the Constitutional Journal issued by the Supreme Constitutional Court in Egypt, Issue / 9, April / 2006.
- Dr. Jalti Mansour, Elements of a Democratic Constitution, Journal of International Law and Development, Abdel Hamid Ibn Badis University - Mostaganem - Algeria, Volume / 5, Number / 2, 2017.
- Dr. Georgy Shafiq Sari, “Control of Proportionality by the Constitutional Judge”, Journal of Legal and Economic Research, Issue / 66, August 2018.
- Dr. Hussein Ahmed Miqdad, The Constitutional Political and Legal Significance and the Role of the Constitutional Judge in Achieving Compatibility Between Them, Helwan University, Faculty of Law, Helwan Law Journal for Legal and Economic Studies, Issue / 38, 2013.
- Dr. Hanan Mohamed Hassan, Attitudes of some social groups towards political reform in Egyptian society, Journal of the Middle East Research Center, Ain Shams University, Egypt, No. 21, 2007.
- Dahmani Muhammad, The Role of Political Leadership in Achieving Political Stability, Knowledge Issues Journal, Issue 1, Volume 7, September 2021.
- Rajaa Zahani, and others, threats to social security in light of digital media tools, Scientific Journal of Technology and Disability Sciences, Volume / 1, Issue / 1, 2019.
- Sharifa Muhammad Blat, The Impact of Racial Discrimination on Political Stability, Arab Democratic Center, Political Ettijahat Magazine, Issue / 11, Volume / 3, June / 2020.
- Dr. Taha Ramzy Al-Shaer, Liberal Ideology and its Impact on Political Systems, Journal of Legal and Economic Sciences, Faculty of Law, Ain Shams University, Volume 17, Number 1, 1975.
- Dr. Atef Al-Banna, The Egyptian Constitution between Change and Amendment, Al-Dustouriya Magazine issued by the Supreme Constitutional Court in Egypt, Issue / 9, needle l / 2006.
- Dr. Adnan Uriel Obaid and Durgham Razzaq Jaber, The Judicial Authority in Iraq and its Compatibility with the Legal Idea Regulating the Work of the Constitutional Authorities in the Constitution of Iraq 2005, Kufa Journal, Issue / 45/2.
- Dr. Esmat Abdullah Al-Sheikh, Constitutional Oversight and the Prevailing Legal Idea in Political Society, Faculty of Law, Helwan University, 1998.
- Dr. Awad El-Murr, Citizenship in Egyptian Constitutions, Forum for Dialogue Cultures in the Coptic Evangelical Organization for Social Services, 2005.
- Muhammad Al-Saleh Bouafia, Political Stability, Reading Concept and Objectives, Dafater Al-Siyasah wa Al-Qanun, Issue / 5, 2019.
- Dr. Mohamed Fawzi Nouaji and d. Abdul Hafeez Ali Al-Shimi, Interpretation of the host constitutional judge and his role in developing the law, Journal of the Kuwaiti International College of Law, Fifth Year, Issue / 2, Part One, May 2017
- Dr. Mustafa Abu Zaid Fahmy, Constitutional Reform: Changing the Constitution or Amending the Constitution, the Constitutional Journal issued by the Supreme Constitutional Court in Egypt, Issue / 9, April / 2006.
- Dr. Mustafa Mahmoud Afifi, Political Democracy between Reality and Aspirations, Al-Huqooq Journal, Kuwait, Vol./23, No./2, 1999.
- Dr. Muqaddam Saeed, Processes of Preparing and Making the Constitution, Journal of Thought, Faculty of Law and Political Science, University of Mohamed Khader Biskra, Issue / 9.
- Narges Taher and Donia Ben Ramadan, Drafting the Constitution, International Institute for Democracy and Elections, 2013.
- Dr. Yahya El-Gamal, The Constitution between Amendment and Change, the Constitutional Journal issued by the Supreme Constitutional Court in Egypt, Issue / 9, April / 2006.
Fourth: letters and treatises
- Sarhang Hamid Salih Al-Barzanji, Elements of the Democratic Constitution and Mechanisms for Defending It, PhD thesis, College of Law, Salah Al-Din University, Erbil, 2007.
- Muhannad Diaa Abdel-Qader, The Prevailing Legal Idea in Iraqi Constitutions, Master Thesis, Law Students, Al-Nahrain University, 2000.
- Walid Mohamed Abdel-Sabour, “Constitutional Interpretation, PhD thesis, Egypt, Ain Shams University, Faculty of Law, 2013.
Fifth: Constitutions and laws
- The Constitution of the Arab Republic of Egypt for the year 2014.
- The Constitution of the Republic of Iraq for the year 2005.
Sixth: Judgments and decisions
- Iraqi Federal Supreme Court
- The Egyptian Constitutional Court.
- The French Constitutional Council.
Seventh: Studies published on the Internet
- Dr. Sultan bin Khamis Al-Kharousi, Elements of Social Security, available on the website: https://alroya.om/post
- Khairy Omar, The Question of the Return of Legitimacy in Egypt, Part One, available on the website: https://www.alaraby.co.uk
- Stephen Ross, Helen Irving, Heinz Klug, translated by: Abdel Rahman Meshaal, Approaches to Interpreting the Constitution. Available on the website: https://hekmah.org
Eighth: Foreign sources
- Ball, Terence, Richard Dagger, and Daniel O'Neill. Political Ideologies and the Democratic Ideal. New York: Pearson Education, 2014.
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Dr.Mohmmwd Hassen Kazem
This work is licensed under a Creative Commons Attribution 4.0 International License.
The journal applies the license of CC BY (a Creative Commons Attribution International license). This license allows authors to keep ownership of the copyright of their papers. But this license permits any user to download, print out, extract, reuse, archive, and distribute the article, so long as appropriate credit is given to the authors and the source of the work. The license ensures that the article will be available as widely as possible and that the article can be included in any scientific archive.
How to Cite
