حماية الدساتير : التجربة السودانية نموذجا

Abstract EN

Thestudy is about the protection of constitution; case study Sudan for reasons related to the historical and present faltering in protecting constitutions, which resulted in wars, the secession of southern Sudan, and the failure to agree on the constitution,By it, we intended to present an experiment in a consensual democratic constitution to solve the political crisis.The importance of research stems from the fact that Sudan has remained and since the Autonomy Constitution of the year (1953) has not been stabilized because of its constitutional instability.

Six constitutions have been issued since its independence until today if we exclude the constitution of self-government.

The main reason for this is that a single constitution has not been issued by the popular will, and now Sudan is on the verge of drafting a constitution that represents the general will of the people.The social and cultural forces are represented by the political forces, civil society, the people and the nation in general, with the importance of protecting the constitution as a contract for the state and the citizen, Therefore, this study comes to show how to protect the constitution in accordance with the general principles on which constitutional jurisprudence has been established in the world around us.

The research objectives were to present intellectual and constitutional visions for the political community.

The study problem falls under the main question: What is the best way to protect the constitution?Did the successive Sudanese constitutions have taken that protection? What are the best ways to protect the constitution that are suitable for Sudan’s situation, after those experiences that have passed for more than sixty years?As for the approach followed in this topic, the researcher follows the descriptive method, then the historical method, and the analytical method with the comparative approach, and reached conclusions and recommendations, the most important of which is that the constitution is the legal document referred to as the supreme or supreme law or the father of laws and as such it is the ruling in every dispute that arises Between the state apparatus as it is ruled and the president of the republic and every citizen in the state is subject to it, as well as the constitutional protection requires a constitutional judiciary that applies the rules and provisions of the constitution to the disputes that arise about their application and settles any dispute that arose in the matter of laws and the constitution itself or disputes between the legislative and executive authorities and therefore the constitutional court to apply the provisions of the constitution.As for one of his most important recommendations, the formation of the Supreme National Court should be regulated in the constitution itself in accordance with clear and unambiguous provisions.