نظم وضع الدساتير وتعديلها بالتركيز على التجربة السودانية

Abstract

Abstract The study of the constitution or any related subject is necessarily of highest importance because the constitution- represents the political, social and economic stability within the State as being the expression in a way or another of the least unanimous position of the people. A research under this subject requires an inquiry about the system whereby the constitution and it's amendment in the scope of the general principles of the constitutional law is carried out with reference to the Sudanese experience. Based on the above, the researcher will talk this issue under five chapters divided into themes containing the basic requirements and various branches following the targets of the research as below: The prelude shows the general constitutional principles that form a general introduction as well as a scientific approach to the subject. The chapter was divided into three themes: in the first theme, I discussed the definition of the constitution owing to several standards. The second theme contained the sources ofthe constitutional law in general theory And the third theme discusses the Sudanese constitutional law. The first chapter: this chapter focuses on the constitution systems based on the general principles. I mentioned the undemocratic drafting of the constitution as represented by the constitution by gift and the contract system. Then, I tackled the democratic systems represented by the constitutional referendum and the constituent Assembly. The second chapter points out the various types of constitution and the amendment patterns. The first theme discusses the types of constitutions in terms of drafting: drafted and undrafted constitutions divided into flexible and rigid constitutions. The second theme explains the constitutional amendment systems with regard to the amendment condltions and the concerned authority III charge of amendment and finally the amendment procedures. The third chapter deals with the constitutional experience in drafting constitutions. This chapter is divided into three themes the first of which deals with the constitution for the year '~o i during the period preceding the independence of the country. The second theme contains the Sudan constitutions which are drafted during the democratic regimes. The fourth chapter: this chapter is confined to the amendment of the Sudan constitutions and the texts indicating this matter in the first theme on one hand. On the other hand I indicated the repeal of the constitution within the general theory. At the end of this chapter the repeal ofthe Sudanese constitutions was mentioned. Finally, in the conclusion, the researcher reviews the results attained by the research as well as the proposals and recommendations.