Impact of constitutional change on the laws in force

Auteurs

  • Sevan Bakrad Mesrob كلية الحقوق –جامعة الموصل – العراق Auteur·e

Mots-clés :

Effect of constitution change, laws in force, ordinary laws, Basic Laws, Legal Method, Illegal Method

Résumé

The life of any constitution cannot last forever, Therefore, any change or change in the political, social or economic structure of the State, It entails amending or modifying its Constitution in a manner consistent with emerging situations and circumstances. Since most constitutions stipulate how to partially amend them, However, the absence of explicit   constitutional provisions stipulating the abolition of the Constitution, its abolition mechanism and its abolitionist body, Similar to the mechanism for amending the Constitution, And here lies the problem of research, it makes sense that constitutions do not provide for their abolition, The nature of the constitutional order implied continuity and adaptation to the existing political situation. If amending the constitutional rules is a means of harmonizing the State's circumstances with the Constitutional texts governed by, However, there may be a significant evolution of political ideas. In this case, it is not enough to amend some of the constitutional texts to achieve this alignment The   constitutional document must be revoked altogether and replaced by another, Adapted to new conditions and conditions in society, Hence the extent of the effect of repealing or changing the Constitution in the laws in force, whether they include, Ordinary laws or basic laws and the fate of such laws in the constitutional legislation of some States. One of the most important recommendations was the need for democratic ways of abolishing constitutions and the best way was to follow The legal or ordinary method of issuing a new constitution through a constituent assembly or a popular referendum. In order to maintain and stabilize the Constitution, the fundamental elements of the Constitution must be provided, including the amendment of the Constitution , According to the actual need and in line with the conditions and developments prevailing in the country. In order to avoid the abolition of constitutions whether by legal or illegal means, This creates legislative stability in the State and ensures the State's continuity and survival.                                                                             

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Publiée

2025-09-30

Comment citer

Impact of constitutional change on the laws in force. (2025). International Journal of Legal Interpretative Judgement, 5(19), 123-159. https://internationaljournal-lij.de/index.php/IJLIJ/article/view/21

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