International criteria for the establishment of democratic constitutions

Abstract

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