Relevant bibliographies by topics / Drafting Constitution

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Drafting Constitution'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Drafting Constitution"

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Fernando, Joseph M., and Ho Hui Ling. "British and Commonwealth legacies in the framing of the Malayan constitution, 1956–1957." Britain and the World 8, no. 2 (September 2015): 181–203. http://dx.doi.org/10.3366/brw.2015.0190.

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The drafting of a constitution is a complex consultative process. No country, including the United States and India, can claim that its constitution was entirely the original creation of its draftsmen. Framers of constitutions are inspired and influenced by a variety of sources from ancient and modern forms of government and laws. The 1957 Malayan federal constitution drafted by the Reid commission was no exception. While it is known that the drafting of the Malayan (now Malaysian) constitution was influenced by Commonwealth constitutions, the extent of this influence has remained unclear. This article reveals through a close scrutiny of the primary constitutional documents that the framing of the Malayan constitution was mainly influenced by three connected yet varied sources of constitutionalism. Their influences can be discerned at two inter-related levels. At the first level, it is clear that the underlying constitutional principles which formed the foundations of the Malayan constitution were largely based on English constitutionalism and principles of Common law. At the second and more visible level, this article reveals that the drafting of the Malayan constitution was largely influenced by two contemporary Commonwealth constitutions which served as the main reference templates for the framing of the articles.
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Orozco Pulido, Jesús Manuel. "Drafting a Constitution Is Not Drafting a Statute: An Analysis of the Mexican Constitution and Hyper-Amending Pathologies from the Legislative Drafting Perspective." Mexican Law Review 13, no. 1 (July 2, 2020): 203. http://dx.doi.org/10.22201/iij.24485306e.2020.1.14814.

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This note critically examines the way the Mexican Constitution has changed since it was originally written, due to a large number of amend¬ments. Through 239 decrees of constitutional reforms, which represent 732 modifications to constitutional articles, the current constitutional text is not the same document that arose from the Mexican Revolution. This vertiginous chan¬ge is analyzed from the perspective of theoretical and practical notions of legis¬lative drafting in common law countries. A huge number of reforms demons¬trates a constitution’s volatility, and the way reforms are written has a direct impact on whether or not it is observed. In fact, a proper process of redaction in legislative drafting can provide ideas for improving the quality of legislation. Reforming the constitution, as has been done by Mexican constituent powers, can overload the fundamental text with specific rules, rather than principles. An excessive use of words, an arbitrary use of subdivisions and an excessive num¬ber of transitory norms are common elements of constitutional amendments. Some specific traits of those amendments are analyzed in order to propose ways to improve the efficacy of the constitution through a better legislative drafting process for reforms. All of this in order to reach a better level of comprehension of the normative purpose of amendments by their final recipients: citizens and institutions.
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Shattib, Mohammed Saleh. "The Egyptian political system (A comparative study between the constitutional 2012-2014)." Tikrit Journal For Political Science, no. 16 (July 2, 2019): 163. http://dx.doi.org/10.25130/poltic.v0i16.145.

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The research have focused on the ramifications of the" 25 January revolution" on the Egyptian constitution and how the masses in which participated in the revolution aimed a rapid democratic transition through the writing of a new constitution in order to be inevitable document leading to their salvation from authoritarianism and false constitutions that had become outmoded. Although the Egyptian constitutional experience, From the wording perspective, have many positive aspects; but the process of drafting is requiring consensus about constitution, basically agree on the basic philosophy in which the Constitution is based on, or the purpose of drafting the Constitution itself, at the same time, the goal is absent from the Egyptian experience. Also, the political factions that carried the banner of change after the" 25 January revolution" was not able to answer the following question: What is the purpose of drafting a new constitution to replacing "the 1971 Constitution"?. This situations led to the intensification of division and conflict among factions, in addition, excluded the most important political faction.
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EISENSTADT, TODD A., A. CARL LeVAN, and TOFIGH MABOUDI. "When Talk Trumps Text: The Democratizing Effects of Deliberation during Constitution-Making, 1974–2011." American Political Science Review 109, no. 3 (August 2015): 592–612. http://dx.doi.org/10.1017/s0003055415000222.

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Under what circumstances do new constitutions promote democracy? Between 1974 and 2011, the level of democracy increased in 62 countries following the adoption of a new constitution, but decreased or stayed the same in 70 others. Using data covering all 138 new constitutions in 118 countries during that period, we explain this divergence through empirical tests showing that overall increased participation during the process of making the constitution positively impacts postpromulgation levels of democracy. Then, after disaggregating constitution-making into three stages (drafting, debating, and ratification) we find compelling evidence through robust statistical tests that the degree of citizen participation in the drafting stage has a much greater impact on the resulting regime. This lends support to some core principles of “deliberative” theories of democracy. We conclude that constitutional reformers should focus more on generating public “buy in” at the front end of the constitution-making process, rather than concentrating on ratification and referendums at the “back end” that are unlikely to correct for an “original sin” of limited citizen deliberation during drafting.
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Abubaker, Habiba. "Empirical Research on Constitutional Drafting Processes Following War or Internal Disturbances in Iraq, Tunisia, Kosovo and Sudan." Max Planck Yearbook of United Nations Law Online 23, no. 1 (December 3, 2020): 314–39. http://dx.doi.org/10.1163/18757413_023001011.

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Constitutional drafting is a complex procedure. Every year, nonetheless, the world witnesses the birth of several constitutions. The drafting of constitutions, however, differs greatly from one to the other; this depends mainly on the state of affairs in each State and the causes behind the need for a new constitution. In post-conflict States, the success of the constitutional drafting process depends on various factors including, inter alia, the inclusiveness of the process; transparency; equal representation in the bodies involved in the drafting; public participation; as well as the role the international community plays. All of these factors have great implications on the success, or failure, of not only the constitutional drafting process, but also on the whole peace-building process in post-conflict societies. In other words, a successful constitutional drafting process must be nationally-led and owned while targeting the root causes of the conflict. While it may be aided by international components, the process must reflect the geo-ideological differences within a State, whether cultural, tribal, ethnic or religious. This article gives an empirical account of the constitutional drafting processes adopted as a consequence of internal conflict in Iraq, Tunisia, Kosovo, and Sudan. The paper discusses the general drafting process; the bodies involved; procedural shortcomings; and any international influence.
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Khaled Abdulrahman, Aveen. "الصياغة الدستورية و أثرها على تفسيرات المحكمة الأتحادية العليا في العراق." Journal of duhok university 23, no. 2 (December 19, 2020): 169–86. http://dx.doi.org/10.26682/hjuod.2020.23.2.10.

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The constitutional drafting stage is one of the stages in writing the constitution, which is a process of transferring ideas and principles from their philosophical-intellectual framework to a linguistic framework through a set of expressive words and methods or to make them implement valid, and through fit drafting that able to reach the truth. there are many methods of constitutional drafting, between hard drafting which is specified to the obligation and judgment, and the soft drafting which is not specified that leaves the interpreter for discretionary authority to interpret according to the circumstances and facts, as well as there is ambiguous drafting in which the intention of the legislator cannot be easily known and the fluctuating drafting in which the constitutional drafter handles to fix the same topic, but in different formulations, which leads to ambiguity of the intention of the legislator, and the drafter of the Iraqi constitution in 2005 relied on more than one method in drafting the texts of the constitution, and we show how some of these formulations had a negative impact on the decisions of the Iraqi Federal Supreme Court when exercising its jurisdiction in interpreting the constitution until some of them generated a political and legal controversy at the same time.
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Hutt, Michael. "Drafting the Nepal Constitution, 1990." Asian Survey 31, no. 11 (November 1, 1991): 1020–39. http://dx.doi.org/10.2307/2645305.

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Kaminski, John P., and Wilbourne E. Benton. "1787: Drafting the U.S. Constitution." Journal of the Early Republic 7, no. 1 (1987): 79. http://dx.doi.org/10.2307/3123430.

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Hutt, Michael. "Drafting the Nepal Constitution, 1990." Asian Survey 31, no. 11 (November 1991): 1020–39. http://dx.doi.org/10.1525/as.1991.31.11.00p01067.

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Васильева, Татьяна, and Tatiana Vasilieva. "Constitutional Reforms in the Digital Era: the Iceland’s Experience." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 3 (October 15, 2019): 55–62. http://dx.doi.org/10.35750/2071-8284-2019-3-55-62.

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Digital era creates new opportunities for citizens for participation in political and legal decision-making process at various levels. Currently, the practice of involving citizens in drafting of laws and even constituent acts is spreading in foreign countries. The draft of the Constitution of Iceland of 2011 was adopted by the Constitutional Council, which included ordinary citizens, not representatives of the political elite. By the use of social media and the official website, the Council was able to establish direct contacts with the population and promptly respond to suggestions and comments of citizens. Not only citizens, but also foreigners could submit their proposals on issues which should be reflected in the text of the Constitution, comments on the wording of certain articles and participate in the stress test of the constitutional draft. This approach has legitimized the process of the Constitution drafting and created a sense of ownership among those who participated in the discussion. Although this draft has not become the Constitution because of the lack of the Parliament’s support, the Iceland’s experience may be interesting as a new approach to drafting laws in the digital era. The Icelandic experience was considered unprecedented and revolutionary. It showed that the process of Constitution drafting could be more open and democratic without incur-ring significant financial costs.
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Dissertations / Theses on the topic "Drafting Constitution"

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Kaukuata–Tjitunga, Naomy. "An assessment of the drafting of the 2005 Ovambanderu constitution: ‘process and institutional capacity’." Thesis, UWC, 2008. http://hdl.handle.net/11394/2870.

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Masters in Public Administration - MPA
This research report sets up a model of policy development at Traditional Authority level in Namibia that is then used in examining the Ovambanderu constitutional case. Reference to the Generic Model, as used by de Coning (2000) and the Moore (1995) Strategic Triangle is not new or original to this thesis. These models have been used elsewhere and were considered as appropriate for this case study due to the complexity of the issues under consideration. This study attempts to demonstrate the importance of applying public policy models and theories to policy making in Namibia. Firstly, the author has applied the generic model to the Ovambanderu case to elicit information pertaining to the process followed in drafting the constitution. Secondly, the Moore Strategic Triangle was used in furthering discussion on the importance of considering phases and stages in the public policy process, which touch on such aspects as political feasibility, substantive value and administrative feasibility (Moore, 1995). The emphasis here was on the importance of dynamism in the policy-making process, not as a once off event but as an ongoing process. This research report shows that public policy/constitution making needs specialised skills in order for it to be a success. Capacity needs to be sourced and used appropriately, while objectives of the policy/constitution are communicated clearly to the stakeholders. Again the fear amongst the community that once a policy/constitution is implemented it becomes binding and difficult to change needs to be addressed by clearly informing people that a policy remains a statement of intent until it is put to use and once it is implemented there is always room for improvement on issues that may create problems for the affected parties. Another important lesson is the fact that public policy making has been and remains a process as it involves bargaining, issue prioritisation, issue filtration, advocacy, reporting and consultation before decisions are made. The Ovambanderu constitutional problem has now set a scene for better policy planning at Traditional Authority level and the government needs to consider this as a serious phenomenon that can lead to major problems if ignored
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Cazzetta, Claudia. "The national and the international influences on the drafting of the South African Bill of Rights : A study on the South African transitional legal culture." Thesis, Högskolan Dalarna, Afrikanska studier, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:du-34517.

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The South African democratic transition in the 1990s represents one of the clearest cases of practical implementation of constitutional engineering. The process was aimed to the creation of the principle of national unity in the fundamental text first, hoping it would be mirrored consequently by a popular sentiment. Within this context, the Bill of Rights, included in the second chapter of the final text, affirmed itself as the most relevant document that emerged from the country's nation-building process. This thesis aims to compare the influences that the national and international components of the South African transitional legal culture had on the drafting of the Bill of Rights, through the investigation of their historical and political dynamics. The analysis highlights that the liberal component characterizes the majority of the text, while being, however, declined on the neo-liberal international doctrine, while the African customary law is recognized within the cultural rights but remains subjected to the requirement of conformity with the liberal provisions.
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Gardères, Nicolas. "Les origines et modèles de la Constitution russe de 1993." Thesis, Paris 5, 2013. http://www.theses.fr/2013PA05D003.

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L’objet de cette thèse est de replacer la Constitution de la Fédération de Russie, adoptée par référendum le 12 décembre 1993, dans ses différents contextes de production. En effet, ce texte juridique est à la fois le produit d’une Histoire courte et d’une Histoire longue, d’un conflit intra-élite et d’une somme de représentations héritées des périodes précédentes et reconstruites à la fin des années 80 et au début des années 90. Ainsi, il ne semblait pas suffisamment pertinent de limiter notre étude au processus rédactionnel proprement dit, entamé à l’été 1990. Nous avons pris le parti de tenter de reconstituer ce que pouvait être l’« épistémè », les représentations politico-juridiques, des acteurs ayant joué un rôle décisif dans la discussion de la Constitution. Ce parti nécessitait de retracer les occurrences les plus significatives de l’Histoire du droit et des institutions en Russie tsariste et en Union Soviétique. Cette démarche fait l’objet de la première partie de la Thèse, « La Péréstroïka comme réceptacle, révolution et modèle ». Il ressort de l’analyse que malgré la présence de traditions intellectuelles libérales et d’institutions proto-parlementaires, la tradition dominante, et acceptée comme telle par les rédacteurs de la Constitution russe, est largement antijuridique et autoritaire. C’est dans ce contexte que les acteurs de la Ière République russe ont cherché à puiser dans les modèles étrangers (américain et français en particulier) et les modèles théoriques du Droit constitutionnel (régime parlementaire et régime présidentiel) pour créer le nouvel agencement institutionnel. La seconde partie de la thèse, « Le processus de rédaction de la Constitution de 1993 », porte sur l’Histoire courte, c’est-à-dire sur les années 1990-1993 qui ont vu s’affronter deux camps, tant sur le plan politique que constitutionnel. Le camp du Congrès des députés du peuple emmené par son Président Rouslan Khasboulatov défendait un projet permettant d’assurer la domination du Parlement, alors que le camp du Président de la Fédération, emmené par Boris Eltsine, cherchait à imposer un projet assurant à la présidence une position dominante. De part et d’autre, les modèles empiriques et théoriques du Droit constitutionnel furent instrumentalisés et largement trahis. Entre ces deux camps, la Commission constitutionnelle crée au sein du Congrès des députés du peuple cherchait, à travers ses différents projets, à trouver un agencement équilibré nourri des expériences étrangères et de la science du Droit constitutionnel. Le camp de la présidence réussit finalement à faire prévaloir ses vues, dans le cadre d’une Conférence constitutionnelle organisée en juin 1993, mais surtout par sa victoire politique sur le camp du Congrès suite à la crise d’octobre 1993. Le texte adopté par référendum le 12 décembre 1993, très favorable à la Présidence, peut être considéré comme l’héritier de ce conflit, mais également en partie comme l’héritier des traditions politiques russes et soviétiques
The aim of this dissertation is to analyse the Constitution of the Russian Federation passed by referendum on 12 December 1993, in its various contexts of production. Indeed, this legal text is both the result of a short history and of a long history, of an intra-elite conflict and of an amount of representations, inherited from the past and rebuilt at the end of the 80’s and at the beginning of the 90’s. We chose to attempt to reconstruct what has been the « épistémè », the legal and political representations of the key actors of the constitutional discussions. This choice made it necessary to recount the most significant facts and conceptions of the legal and institutional history of Tsarist Russia and Soviet Union. This approach is found in the first part of this dissertation, « Perestroika as a recipient, a revolution and a model ». It appears that despite the existence of liberal traditions and proto-parliamentary institutions, the dominant tradition, granted as such by the drafters of the Russian Constitution, is basically anti-juridical and authoritarian. It is in this context that the actors of the first Russian Republic tried to use foreign patterns (mostly American and French) and the theoretical patterns of Constitutional law (parliamentary regime and presidential regime) in order to create the new institutional design. The second part of the dissertation, « The redaction process of the Constitution of 1993 », deals with short history, that is years the 1990-1993 during which two sides challenged each other, both on a political and on constitutional grounds. The side of the Congress of People’s Deputies led by its President, Ruslan Khasbulatov, promoted a project of Parliament domination, while the side of the President of the Federation promoted a project of President domination. On both sides, empirical and theoretical patterns of constitutional law were exploited and their true meanings betrayed. Between these two sides, the Constitutional Commission created by the Congress of People’s Deputies, through its several drafts, tried to find a balanced design on the basis of foreign patterns and of the science of constitutional law. Finally, on the side of the President there was success in making its conceptions prevail, within a Constitutional Conference organized in June 1993, but mainly through its political victory of October 1993. The text passed on 12 December 1993, very much in favor of the Presidency, can be considered as the heir of this conflict, but as well partly as the heir of Russian and Soviet political traditions
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Proksch, Sven-Oliver. "Drafting constitutions a comparative institutional analysis of constitutional conventions in the European Union and Germany /." Diss., Restricted to subscribing institutions, 2008. http://proquest.umi.com/pqdweb?did=1693063591&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Tang, Shuk-tak Karen. "An analysis of the Basic Law consultative and drafting process." [Hong Kong : University of Hong Kong], 1990. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12816887.

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Tang, Shuk-tak Karen, and 鄧淑德. "An analysis of the Basic Law consultative and drafting process." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B31963845.

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Ho, Ka-ki Lawrence. "Implementation of China's Hong Kong policy a study of the drafting of Hong Kong Basic Law, 1985-90 /." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk:8888/cgi-bin/hkuto%5Ftoc%5Fpdf?B22753199.

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Ho, Ka-ki Lawrence, and 何家騏. "Implementation of China's Hong Kong policy: astudy of the drafting of Hong Kong Basic Law, 1985-90." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31194485.

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Dafel, Michael. "The constitutional rebuilding of the South African private law : a choice between judicial and legislative law-making." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285563.

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A tension arises whenever the South African private law fails to meet constitutional right norms. To remedy a deficiency, two law-making options are available. The first is for the judiciary to develop or change private law principles and rules in order to provide protection for the implicated constitutional norm. The second is for the judiciary to enforce an obligation upon Parliament to enact legislation to amend or replace existing private law rights and obligations so as to safeguard the norm against interference from a private individual or entity. The former is the more conventional option, but, in recent years, the law reports record an increasing reliance on the legislative duty to protect constitutional right norms in private legal relationships. The thesis investigates the extent to which the latter phenomenon - which will be described as a 'pivot towards legislative remedies' - exists, and the circumstances in which the courts pivot towards legislative remedies rather than developing private law of their own accord. The thesis finds that legislative schemes that give effect to constitutional rights are likely to contain an array of benefits that are absent from or reduced in the judicial law-making process. The judicial pivot towards legislative remedies is thus a strategy to enhance the process through which conflicting rights are resolved, as it allows for the constitutional rebuilding of private law in a way that the judiciary is unable to do on its own. Importantly, however, theories of judicial deference do not explain the pivot. On the contrary, the courts have exercised a strict level of control over the legislative law-making pathway. Through either statutory interpretation or the review of legislation, the courts require legislation to contain the essentials of the judicial law-making framework. From this perspective, the judicial law-making process produces the floor of the rebuilding project and the legislative law-making process enhances that framework.
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Cavaliere, Patrick Anthony. "Crime and punishment in Fascist Italy : a constitutional analysis of political criminal justice from the liberal state to the drafting of the Rocco Code." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260008.

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Books on the topic "Drafting Constitution"

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Coffey, Donal K. Drafting the Irish Constitution, 1935–1937. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3.

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(Organization), COPAC. The road to the new constitution. Harare: Constitution Parliamentary Select Committee, 2013.

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Eck, Kristin. Drafting the Constitution: Weighing evidence to draw sound conclusions. New York: Rosen Central, 2006.

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Mollison, Charles S. Drafting a new constitution for Australia: A grass roots approach. Woombye, Qld: Foundation for National Renewal, 2009.

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Drafting a constitution for a nation or republic emerging into freedom. 2nd ed. Fairfax, Va: George Mason University Press, 1994.

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Jonge, Alice De. The Constitution of the Marshall Islands: Its drafting and current operation. Kensington NSW, Australia: Centre for South Pacific Studies, University of New South Wales, 1993.

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Drafting a constitution for a nation or republic emerging into freedom. Fairfax, Va: Published by the Locke Institute in cooperation with the Institute for Humane Studies, 1992.

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Oriani Ambrosini, Mario G. R. and Aliferis Paul, eds. Framing the modern constitution: A checklist. Littleton, Colo: F.B. Rothman, 1993.

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Alf, Ross. Constitution of the United Nations: Analysis of structure and function. Clark, NJ: Lawbook Exchange, 2008.

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Emergency presidential power: From the drafting of the Constitution to the War on Terror. Madison, Wis: The University of Wisconsin Press, 2013.

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Book chapters on the topic "Drafting Constitution"

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Coffey, Donal K. "The Drafters of the 1937 Constitution." In Drafting the Irish Constitution, 1935–1937, 1–39. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_1.

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Coffey, Donal K. "Constitutional Transitions and Alterations." In Drafting the Irish Constitution, 1935–1937, 253–79. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_7.

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Coffey, Donal K. "The Preamble." In Drafting the Irish Constitution, 1935–1937, 41–54. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_2.

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Coffey, Donal K. "Nation and State." In Drafting the Irish Constitution, 1935–1937, 55–83. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_3.

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Coffey, Donal K. "The Head of State." In Drafting the Irish Constitution, 1935–1937, 85–143. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_4.

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Coffey, Donal K. "Institutional Structure." In Drafting the Irish Constitution, 1935–1937, 145–86. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_5.

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Coffey, Donal K. "Citizen and State." In Drafting the Irish Constitution, 1935–1937, 187–252. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_6.

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McGuire, Robert A. "North-South Alliances During the Drafting of the Constitution: The Costs of Compromise." In Public Choice Analyses of American Economic History, 13–51. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-77592-0_2.

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Zhang, Jinfan. "The Preparation for Constitutionalism and the Drafting of Constitution in the Late Qing Dynasty." In The History of Chinese Legal Civilization, 237–95. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-10-1032-3_6.

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Coffey, Donal K. "Constitutional Drafting and Contemporary Debates." In Constitutionalism in Ireland, 1932–1938, 119–62. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76237-1_4.

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Conference papers on the topic "Drafting Constitution"

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Elezi, Zemri. "FUNDAMENTAL PRINCIPLES OF DRAFTING THE CONSTITUTION." In 2nd International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2015. Stef92 Technology, 2015. http://dx.doi.org/10.5593/sgemsocial2015/b21/s4.018.

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Alawaq, Abdulhamid. "constitutional inflation." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp1-17.

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One of the methods that the authority uses to empty the constitutional text of its content and prevent it from achieving its goal is its resort to the two phenomena of “constitutional inflation” in sites that the nation does not need, and “constitutional failure” in sites that are expected from the text to protect public rights and freedoms or prevent an authority from overpowering the rest of the authorities. This is how the authority did in the Syrian constitution of 2012. It resorted to both phenomena together to achieve its goal of using the constitution as a tool and not as a control of the authority’s work. If legislative inflation is clear to legal jurisprudence, constitutional inflation is shrouded in ambiguity, so it resorted to a procedural definition of the research paper and considered every constitutional rule that does not bear the status of binding as a type of inflation. then I applied this definition to the general principles contained in the Syrian constitution in 32 articles, unlike democratic constitutions, which are shortened to articles regulating the general principles of the state. It became clear to me that only five articles are binding and the rest are non-binding guiding articles that are not suitable for reliance on judicial review. I have studied the rule (Islamic jurisprudence is a major source of legislation) in Syria and Egypt, and it has become clear to me that the authority intends to put it into place as a kind of distraction from paying attention to the rest of the constitution’s rules regulating public liberties and powers, even though the constitutional doctrine considers them to be non-binding. The struggle between the components of the people is still going on when drafting any constitution on general principles, most of which do not carry legal value.
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3

Azeez, Sardar. ""Violation of the principle of equality when drafting the punitive text Legislation issued by the Parliament of the Kurdistan Region as a model"." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp85-103.

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Observing the principle of equality when drafting punitive texts is one of the basic components of successful legislative drafting . And that equality before the law is closely related to justice, because justice requires the formulation of the rules of the law in a general and abstract manner in a way that all those who address the law enjoy its protection and are subject to accountability. Since there are international charters and treaties that Iraq has joined or ratified, most of them contain explicit texts about the equality of individuals before the law. Therefore, the legislative drafting of punitive texts in a manner that achieves equality is an implementation of the international obligations resulting from ratification or accession to these international conventions and treaties. In addition, laws that are legislated in contravention of the principle of equality are considered unconstitutional laws because they are in violation of the Constitution, and the provisions of ordinary law may not contradict the principles of the Constitution.
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Saeed, Nawsherwan. "Is the constitution the problem in front of the democratic transition in Iraq?" In REFORM AND POLITICAL CHANGE. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdiconfrpc.pp171-183.

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Nearly 17 years after the US invasion, Iraq ranks first in the list of the most corrupt and least stable countries in the world. The state of instability and rampant corruption in Iraqi society since 2003 made some critics blame the constitution itself as the main obstacle to the country's democratic transition. For them, the hasty method of drafting the constitution, the absence of Iraqi constitutional expertise, and the lateral representation of Sunni Arabs are among the factors that have contributed to the precarious situation in Iraq over the past years. Likewise, critics argue that the ambiguity and ambiguity in some constitutional articles hindered its application. Amid these readings, the October revolution erupted on October 1, 2019 in Baghdad and the rest of the southern governorates of Iraq in protest against the deteriorating economic conditions of the country, unemployment, and the spread of administrative corruption. The demands of the demonstrators reached to change the constitution and amend the electoral law. Thus, the question posed in this paper is to what extent can the constitution really be an obstacle to the democratization process in Iraq? This paper discusses that the nature of Iraqi society as a deeply divided society, the absence of the previous democratic experience among the citizens, the weakness of the political culture of cooperation and tolerance among the political elites, and external interference are among the main obstacles to the democratic transformation in the country. Finally, the conclusion of the study is that despite all the criticisms and criticisms about the democratic experience in Iraq, the process of democratic transformation is slow in itself, and therefore it can be said that the process is still ongoing and has not failed yet.
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Wang, Liang, Yongxing Wang, Antonio M. Recuero, and Ahmed A. Shabana. "Use of ANCF Finite Elements in MBS Textile Applications." In ASME 2015 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2015. http://dx.doi.org/10.1115/detc2015-46330.

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The objective of this investigation is to present a new flexible multibody system (MBS) approach for modeling textile roll-drafting sets used in chemical textile industry. The proposed approach can be used in the analysis of textile materials which have un-common material properties best described by specialized continuum mechanics constitutive models, for instance, the lubricated polyester filament bundles (PFB) presented in this paper. In this investigation, PFB is modeled as a hyper-elastic transversely isotropic material using absolute nodal coordinate formulation (ANCF). The PFB strain energy density function is decomposed into a fully isotropic component and an orthotropic, transversely isotropic component expressed in terms of five invariants of the right Cauchy-Green deformation tensor. Using this energy decomposition, the second Piola-Kirchhoff stress and the elasticity tensors can also be split into isotropic and transversely isotropic parts. Constitutive equations are used to evaluate the generalized material forces associated with the coordinates of three-dimensional fully-parameterized ANCF finite elements. The proposed model allows for modeling the dynamic interaction between the rollers and PFB and allows for using spline functions to specify the PFB forward velocity. The paper demonstrates that the textile material constitutive equations and the MBS algorithms can be used effectively to obtain numerical solutions that define the state of strain of the textile material and the relative slip between rollers and PFB and therefore provide a good method to study the roll-drafting process in the chemical textile industry.
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