Constitutional Amendment between Legal Necessity and Public Demand

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Dr. Shalal Awad Saleem Al-Obaidi


            The constitution is the supreme legal document in the countries, and therefore legislation, decree, regulation, or instructions cannot be issued contrary to it. Like other laws, when the constitution is drafted, it will have a defect in formulation or an overlooking concerning it. The law put by legislative authority cannot suit and keep pace with this constitution which is subject to falsehood and defection, therefore, it becomes necessary to amend it. Likewise, when the error is from the objective side, meaning that it introduces provisions that are not acceptable to the public or violates the state administration system and / or the state’s economic or social policy, etc. the issue of its amendment becomes the demand of the masses, and in view of this public demand and legal necessity, the constitution cannot last as it is. For this problem, we have discussed in our research the study of constitutional amendment and clarification of its nature and types and the restrictions on amending the constitution, and reviewing the case when the public’s demand is a case in which to amend the constitution, as well as the case of the legal necessity as a reason for amending the constitution,  and then the attempt to determine the importance of each case of legal necessity or the demand of the masses as a reason for amending the constitution.

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