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العنوان
القواعد الدستورية بين مقتضيات الثبات وضرورات التعديل :
المؤلف
سليمان، صلاح محمد يسن.
هيئة الاعداد
باحث / صلاح محمد يسن سليمان
dr.sala.yasin@gmail.com
مناقش / محمد أنس قاسم جعفر
.
مشرف / عبدالعليم عبدالمجيد
.
مناقش / عبدالكريم محمد محمد السروى
.
الموضوع
السلطة الدستورية.
تاريخ النشر
2017.
عدد الصفحات
359 ص. :
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
الناشر
تاريخ الإجازة
25/12/2017
مكان الإجازة
جامعة بني سويف - كلية الحقوق - القانون العام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

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المستخلص

The study dealt with the constitutional rules between the requirements of stability and the necessities of the amendment in France and Egypt. We pointed to the importance of this subject because of the instability that may result in the state between the ruling regime and the people because the ruler seeks more power and the ruler seeks greater freedom. The constitutional rules governing the peaceful coexistence of power and freedom or between the rulers and the governed within the framework of the state through the establishment of the rules and assets on which the system of government is based, the public authorities determine them, draw their functions, set boundaries and protect D to control its activity, and decide freedoms and public rights of the people, and arranges basic guarantees for their protection.
She explained that the constitutional rules are the real reflection of the political philosophy, economic and social prevailing in the state, and these rules are characterized by the variability of the state to the other, but in the same one, it varies from time to time according to the prevailing philosophy, and those who develop the Constitution put these conditions in So that the texts of this Constitution will be a true reflection of the reality that already exists.
The study was divided into three sections, as well as the introductory chapter on the constitutional rules through three chapters. In Chapter I, the meaning of the constitutional rules was defined as a cessation of the formal and objective criteria. In the second chapter, constitutional rules were introduced through non-democratic methods and democratic methods And in the third chapter explained the sources of constitutional rules, which are confined to the constitutional document and the basic laws or complementary to the Constitution and finally to the constitutional custom
The first chapter deals with the stability of the constitutional rules and dividing it into three chapters. The first chapter deals with the requirements of the stability of the constitutional rules, by showing the role of the declarations of rights and the preamble of constitutions in the stability of the constitutional rules.
In the second chapter, the constitutional rules were presented by means of a statement of the meaning of the principle of constitutional rules in terms of objectivity and formality and then the results of the principle of Highness. In the third chapter, the study was presented to regulate the control of the constitutionality of laws in France and Egypt. The constitutionality of the laws in France, but in Egypt the study was subjected to judicial control and a subsequent control of the Constitution
The second chapter deals with the amendment of the constitutional rules and dividing it into three chapters. The first chapter deals with the necessities of amending the constitutional rules. In the second chapter, the authority concerned with the amendment and the scope of the amendment.
The most important changes in France were the constitutional amendment in the matter of the supervision of international treaties in 1974, the constitutional amendment in respect of the Maastricht Treaty in 1992 and the constitutional amendment concerning the Constitution. 2005 and finally the constitutional amendment regarding the subsequent monitoring of the constitutionality of the laws in 2008 and then reviewed the position of the jurisprudence of those amendments and finally the position of the judiciary
In the second chapter, the study moved to the constitutional amendments in Egypt, which include amendments to the previous constitution issued in 1971 and the constitution issued in 2012 and amended in 2014, where we dealt with the amendments of the 1971 constitution starting with the constitutional amendment of 1980 and the constitutional amendment in 2005 and the constitutional amendment in 2007 and finally the constitutional amendment on 19 March 2011 has been subject to the position of jurisprudence of those constitutional amendments and provisions The judiciary and then ended the 2012 Constitution amended in 2014 and explained the necessities of the amendment and the position of jurisprudence of the amendment.
It also presented the conclusion of the study and its results and presented the most important recommendations that can be adopted in amending the constitutional rules in order to conform with the political, economic or social reality of the state in order to achieve the aspirations of the people and their aspirations to achieve the objectives of the constitutional rules. The amendment of the Constitution is a necessity for the year of development in the various spheres of life, political, social and economic