دور المعاهدات الدولية في تقييد عملية التعديل الدستوري | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 12, Issue 1, June 2021, Pages 152-182 PDF (487.32 K) | ||
| Author | ||
| م.م. زينب فهمي عبد علي | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| The choice of the issue of the role of international treaties in restricting the constitutional amendment process stemmed from the fact that states, as members of the international community, have their own legal system, which raises the question of the nature of the relationship between international law and domestic law, taking into account the great development of the rules of international law and the expansion Its areas include human rights and fundamental freedoms, The enforcement of international treaties towards states is either in a direct manner immediately upon ratification by the competent authorities of the state, or requires a subsequent legislative procedure to ratify the treaty being placed in the framework of an enforceable law after it is published in the official way. The problem arises in the event of a conflict between the internal legal rules and international treaties. Here, the importance of what states take toward the transcendence of international law and the treaty’s order in the legal hierarchy and how to reconcile the conflicting texts, this research highlights the effect of the international treaty in the event of its contradiction with the constitution that grants it the supremacy and the amendment of the constitution accordingly. | ||
| Keywords | ||
| international treaties; opposition; supremacy of the constitution; oversight of the constitutionality of international treaties; constitutional amendment. | ||
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