صياغة الدساتير في ظل التحول الديمقراطي: دراسة في الخبرات العربية والدولية

Abstract EN

This study aims to address the drafting of constitutions during the transition to democracy as the constitution constitutes a new social contract.

it also aims to study the steps taken by each state in this regard.

we found that states differ in their handling of constitutions during the democratic transition period, including those who drop the old constitution completely, including those who make amendments to it in harmony with the nature of the new phase, and this is related to whether the method of transformation represents a complete break with the past or has occurred through a negotiating process.

in Tunisia, the revolution dropped its constitution and therefore formed a national supreme body tasked with electing a national constituent council to write the constitution, and in chile the opposition negotiated with the regime.

to amend the constitution, in Egypt, the task of drafting the constitution was entrusted to the constituent assembly and then to a technical committee.