The process of promulgating constitution has gone through various phases in a way that in the beginning it has only been promulgated among national parties. However, as the time lapsed, the development of this process has resulted in changing, because it has not remained at the national level, but the international community plays an effective role in the process of promulgation of constitution alongside the national parties. The constitution as the highest document in States has become a part of democratisation of society by embodying values and democratic rules and through avoiding making threats on peas and security of international community. Therefore, it is important to pay attention to this process in particular in the countries which are at the phase of conflict or after the phase of conflict. Therefore, nowadays the process of promulgation of constitution contain both national and international perception which driven the international community to play a significant role in the process of promulgation of constitution that respects the rights and demands of individuals through participating of the public and transparency in this process at the national level and at the international level guarantee the values and democratic rules which shall not become a source of threat on the security of the international community. This research sheds the light on the most important international measures in the process of promulgation of constitution through analysing the experience of the process of promulgation of constitution of South Africa of 1996, constitution of Tunisia of 2014 and comparing them with the process of promulgation of Iraqi constitution of 2005
fteradopting of the federalism and voluntary union for a new Iraqi state in the Constitutional Regulation of 2004, and their emphasizing in the Executed Constitution of 2005, there was a radical change in the whole governmental institutions including the judicial system especially in recognition of bilateral of the judiciary structure system in both federal and regional level and establishing of the Federal Supreme Court (which represents the highest judicial foundation on the level of federal judicial in terms of the status, legal force of its decimations, its relation with the constitutional subjects and the disputes betweenthe federal entities and institutions(.Passing this Court through three various constitutional and legislative stages, and waiting to receive another new legislative regulation, despite the extent of participation of the regions in matters related to the establishment, structure and exercising of the court's competences, caused to several issues concerning with the previous matters, which led to instability and lack of legal regulation stipulated in the Executed Iraqi Constitution 2005 to determine the number of members, way of recruitment and the proceedings of the Court. This research paper depends on analytical approach to interpret the constitutional and legal rules and judgments related to the ways of establishment, structure of and participation of the regions in the Court and stating the issues connected to such ways.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.