The Constitutional Organization of Final Provisions
DOI:
https://doi.org/10.32792/tqartj.v7i46.602Keywords:
Final provisions, constitutions, transitional provisions, modern trendsAbstract
Constitutions are built on a set of parts that together form the unity of the constitution. Each part consists of a set of texts and represents a certain philosophy. These parts are sequenced starting from the preamble to the last part, which is the final provisions. This part is characterized by formal and substantive aspects, the most important of which is its inclusion of a set of different constitutional provisions that are not consistent from a substantive perspective. Constitutions have traditionally included this part at their conclusion, but it has not been in a single format. Instead, it has appeared in various forms related to formal and substantive aspects, affecting the shape and nature of the constitution's philosophy.
The drafting of constitutional texts does not come in a narrative form but is divided into parts, each part specializing in a number of texts and representing a certain philosophy. Among the parts of the constitution are the final provisions. Modern constitutions stipulate a final chapter in the constitution called the final provisions, which includes articles related to topics not previously addressed within its chapters. This designation is relatively modern, having appeared with the emergence of modern constitutions after 1990. Before that, constitutions used to label them as general provisions.
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References
First: Books
1. Abu al-Fadl Jamal al-Din Muhammad ibn Makram Ibn Manzur: Lisan al-Arab, Dar Sader, Beirut, 2003.
2. Ihsan Hamid Al-Mufriji, Dr. Katran Zaghir Naama, and Dr. Raad Naji Al-Jadda: The General Theory in Constitutional Law and the Constitutional System in Iraq, Al-Atek for Book Industry, Cairo, 4th Edition, 2011.
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Second: Research Papers
• Ali Youssef Al-Shukri: Judicial Amendment of the Constitution, published in Al-Muhaqqiq Al-Hilli Journal of Legal and Political Sciences, Issue 3, Year 4, 2015.
Third: Constitutions
1. Constitution of Argentina, 1835, reinstated in 1983.
2. Constitution of Switzerland, 1991, amended in 2014.
3. Constitution of Paraguay, 1992.
4. Constitution of Russia, 1992.
5. Constitution of Iraq, 2005.
6. Constitution of Morocco, 2011.
7. Constitution of Egypt, 2014.
8. Constitution of Tunisia, 2014.
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