{"title":"伊拉克宪法中和平共处的社会基础-文本与现实的比较研究","authors":"شمال أحمد براهیم","doi":"10.21928/uhdicpgp/7","DOIUrl":null,"url":null,"abstract":"\" The process of building peaceful coexistence within societies is the basis upon which the entity of society and the state is based and its survival, and this process must be reflected in legal texts starting from the constitution and ending with laws, instructions and practices that include principles that contribute to: The stability of society and the state. But the lesson is not only in the texts, but these texts must be reflected in steps on the ground, so that they are integrated with each other, for the purpose of building a homogeneous and integrated society. If we look at modern Iraqi history, we will find that there are three stages of the life of the Iraqi state that witnessed three constitutions that included the elements of peaceful coexistence, and reality witnessed obstacles to these ingredients and these three stages are: the stage of establishing the Iraqi state, which is represented in the Iraqi Basic Law of 1925, and The stage of changing the state’s pattern from a monarchy to a republic, the impact of a military coup, represented in the temporary Iraqi Constitution of 1958, and finally the stage of building the Iraqi state after 2003, represented in the permanent Iraqi constitution of 2005, and these stages and the events and developments they witnessed have raised several questions and Of which: - What are the principles of peaceful coexistence in theory? - What are the legal texts in the three Iraqi constitutions on the social foundations of peaceful coexistence, and were these texts reflected on the ground? - Is the reality of peaceful coexistence in Iraq consistent with the principles stated in the Iraqi constitutions, especially the 2005 constitution? The importance of this study comes from what it discussed in the foundations of peaceful coexistence within societies that witnessed internal conflicts, and the Iraqi society is not far from them, also through its research on the foundations of peaceful coexistence, especially social ones in the three comparative Iraqi constitutions and the extent of their manifestation in governmental or semi-governmental institutions government to consolidate the foundations of coexistence among the various components of Iraqi society. The main hypothesis of this research is (The texts of the constitution are not the only guarantor for building peaceful coexistence within society, unless these texts are reflected in the way state institutions deal with social components). For the purpose of answering the previous questions and verifying the mentioned hypothesis, we divided the research into the following two sections: The first topic dealt with the concept of peaceful coexistence and its principles and social foundations, while the second topic we searched for the principles of peaceful coexistence in the Iraqi constitutions compared with their social foundations, as we concluded the research In conclusion, it contains conclusions and recommendations, as well as a list of sources. \"","PeriodicalId":162486,"journal":{"name":"Proceedings of \" Peacebuilding and Genocide Prevention\" Conference","volume":"11 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The social foundations of peaceful coexistence in the Iraqi constitutions - a comparative study between texts and reality\",\"authors\":\"شمال أحمد براهیم\",\"doi\":\"10.21928/uhdicpgp/7\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\\" The process of building peaceful coexistence within societies is the basis upon which the entity of society and the state is based and its survival, and this process must be reflected in legal texts starting from the constitution and ending with laws, instructions and practices that include principles that contribute to: The stability of society and the state. But the lesson is not only in the texts, but these texts must be reflected in steps on the ground, so that they are integrated with each other, for the purpose of building a homogeneous and integrated society. If we look at modern Iraqi history, we will find that there are three stages of the life of the Iraqi state that witnessed three constitutions that included the elements of peaceful coexistence, and reality witnessed obstacles to these ingredients and these three stages are: the stage of establishing the Iraqi state, which is represented in the Iraqi Basic Law of 1925, and The stage of changing the state’s pattern from a monarchy to a republic, the impact of a military coup, represented in the temporary Iraqi Constitution of 1958, and finally the stage of building the Iraqi state after 2003, represented in the permanent Iraqi constitution of 2005, and these stages and the events and developments they witnessed have raised several questions and Of which: - What are the principles of peaceful coexistence in theory? - What are the legal texts in the three Iraqi constitutions on the social foundations of peaceful coexistence, and were these texts reflected on the ground? - Is the reality of peaceful coexistence in Iraq consistent with the principles stated in the Iraqi constitutions, especially the 2005 constitution? The importance of this study comes from what it discussed in the foundations of peaceful coexistence within societies that witnessed internal conflicts, and the Iraqi society is not far from them, also through its research on the foundations of peaceful coexistence, especially social ones in the three comparative Iraqi constitutions and the extent of their manifestation in governmental or semi-governmental institutions government to consolidate the foundations of coexistence among the various components of Iraqi society. The main hypothesis of this research is (The texts of the constitution are not the only guarantor for building peaceful coexistence within society, unless these texts are reflected in the way state institutions deal with social components). For the purpose of answering the previous questions and verifying the mentioned hypothesis, we divided the research into the following two sections: The first topic dealt with the concept of peaceful coexistence and its principles and social foundations, while the second topic we searched for the principles of peaceful coexistence in the Iraqi constitutions compared with their social foundations, as we concluded the research In conclusion, it contains conclusions and recommendations, as well as a list of sources. \\\"\",\"PeriodicalId\":162486,\"journal\":{\"name\":\"Proceedings of \\\" Peacebuilding and Genocide Prevention\\\" Conference\",\"volume\":\"11 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Proceedings of \\\" Peacebuilding and Genocide Prevention\\\" Conference\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21928/uhdicpgp/7\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Proceedings of \" Peacebuilding and Genocide Prevention\" Conference","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21928/uhdicpgp/7","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The social foundations of peaceful coexistence in the Iraqi constitutions - a comparative study between texts and reality
" The process of building peaceful coexistence within societies is the basis upon which the entity of society and the state is based and its survival, and this process must be reflected in legal texts starting from the constitution and ending with laws, instructions and practices that include principles that contribute to: The stability of society and the state. But the lesson is not only in the texts, but these texts must be reflected in steps on the ground, so that they are integrated with each other, for the purpose of building a homogeneous and integrated society. If we look at modern Iraqi history, we will find that there are three stages of the life of the Iraqi state that witnessed three constitutions that included the elements of peaceful coexistence, and reality witnessed obstacles to these ingredients and these three stages are: the stage of establishing the Iraqi state, which is represented in the Iraqi Basic Law of 1925, and The stage of changing the state’s pattern from a monarchy to a republic, the impact of a military coup, represented in the temporary Iraqi Constitution of 1958, and finally the stage of building the Iraqi state after 2003, represented in the permanent Iraqi constitution of 2005, and these stages and the events and developments they witnessed have raised several questions and Of which: - What are the principles of peaceful coexistence in theory? - What are the legal texts in the three Iraqi constitutions on the social foundations of peaceful coexistence, and were these texts reflected on the ground? - Is the reality of peaceful coexistence in Iraq consistent with the principles stated in the Iraqi constitutions, especially the 2005 constitution? The importance of this study comes from what it discussed in the foundations of peaceful coexistence within societies that witnessed internal conflicts, and the Iraqi society is not far from them, also through its research on the foundations of peaceful coexistence, especially social ones in the three comparative Iraqi constitutions and the extent of their manifestation in governmental or semi-governmental institutions government to consolidate the foundations of coexistence among the various components of Iraqi society. The main hypothesis of this research is (The texts of the constitution are not the only guarantor for building peaceful coexistence within society, unless these texts are reflected in the way state institutions deal with social components). For the purpose of answering the previous questions and verifying the mentioned hypothesis, we divided the research into the following two sections: The first topic dealt with the concept of peaceful coexistence and its principles and social foundations, while the second topic we searched for the principles of peaceful coexistence in the Iraqi constitutions compared with their social foundations, as we concluded the research In conclusion, it contains conclusions and recommendations, as well as a list of sources. "