أصول الصياغة الدستورية

Abstract EN

Having been a reflection of ideological principles and political reality governing any respective human society, it is only through a simple extrapolation of how constitutions evolved since the crack of history to date that Constitutional Drafting is a clearly critical topic.

Nonetheless, despite its profound significance in this respect, this topic per se has not drawn the attention it deserves from Constitutional Jurisprudence.

Being the phase wherein these documents are generated in a written form, Constitutional Drafting is a key phase that greatly impacts the structure and wording of drafted constitutional documents.

It is the process that leads to the emergence of these documents and their application in real life through written constitutional provisions, reflecting the ideological principles and rules applicable to the same in terms of governing the official framework in which countries and societies operate.

Therefore, it has become incumbent on drafters of any constitutional document globe over to properly grasp the significance, relevance and characteristics of Constitutional Drafting.

They must also have sufficient knowledge of the general types and methods of Constitutional Drafting, that allow them to choose the most suitable drafting approach.

Moreover, they must know the most general phenomena impacting Constitutional Drafting to ensure a constitutional rule is highly expressive of the general ideological thought and principles applicable in their respective countries and societies.

In addition, they should also ensure that local, regional and global reality is properly reflected and that a constitutional document is free from any form of text-related discrepancy or ambiguity, that might impact the document’s significance or give rise to controversy about its principles, which is the objective to be attained by this thesis.