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

شمال أحمد براهیم
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引用次数: 0

摘要

“在社会内部建立和平共处的过程是社会和国家实体的基础及其生存的基础,这一过程必须反映在法律文本中,从宪法开始,以法律、指示和实践结束,其中包括有助于社会和国家稳定的原则。但教训不仅在文本中,这些文本必须体现在地面上的步骤中,使它们相互融合,以建立一个同质和融合的社会。如果我们看一下伊拉克近代史,我们会发现伊拉克国家的生命经历了三个阶段,见证了包括和平共处要素在内的三个宪法,而现实见证了这些要素的障碍,这三个阶段是:建立伊拉克国家的阶段,这是在1925年伊拉克基本法,和改变状态的阶段模式从君主制共和国,一场军事政变的影响,代表1958年伊拉克临时宪法,最后阶段的伊拉克国家在2003年之后,在2005年永久伊拉克宪法,他们目睹了这些阶段和事件和发展提出了几个问题,其中:——和平共处的原则在理论上是什么?-伊拉克三部宪法中关于和平共处社会基础的法律条文是什么?这些条文是否反映在当地?——伊拉克和平共处的现实是否符合伊拉克宪法,特别是2005年宪法所规定的原则?这项研究的重要性在于,它讨论了在目睹内部冲突的社会中和平共处的基础,伊拉克社会离这些冲突不远,还通过对和平共处基础的研究,特别是三个比较伊拉克宪法中的社会问题及其在政府或半政府机构中的表现程度政府巩固了伊拉克社会各组成部分共存的基础。本研究的主要假设是(宪法文本不是在社会中建立和平共处的唯一保证,除非这些文本反映在国家机构处理社会组成部分的方式中)。为了回答前面的问题并验证上述假设,我们将研究分为以下两部分:第一个专题涉及和平共处的概念及其原则和社会基础,而第二个专题在我们结束研究时,我们将伊拉克宪法中的和平共处原则与它们的社会基础进行比较。最后,它载有结论和建议以及资料来源清单。”
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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. "
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