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Register a new userThe Limits Of Power In Constitutional Law
حدود السلطة في القانون الدستوري
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Tishreen University ورقة بحثية
Publication date
2020
fields
Low Sciences
and research's language is
العربية
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Shamra Editor
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تلازمُ السلطة حياةَ كلّ جماعةٍ سياسية, ذلك أنَّ الانتماء إلى أيّ مجتمعٍ ينطوي على معنى الخضوع لسلطته, أي لتلك القوة التي ترسم لأعضاء المجتمع إطاراً محدِّداً لسلوكهم ونشاطهم يخدم الأهداف الاجتماعية المقرَّرة, فيلتزم الأفرادُ احترامَ هذا الإطار بغية الحفاظ على الرابطة الاجتماعية ودرءاً لتفكُّكها وانحلالها. والاتجاه السائد حالياً في الفقه الدستوري ينادي بتقييد سلطة الدولة ووضع الحدود اللازمة عليها لضمان عدم تعسفها أو لمنعها من التعدي والمساس بحقوق الأفراد وحرياتهم . فمفهوم السيادة لا يعني ـ كما كان يصورها الفقه التقليدي ـ أن تكون السلطة مجردة من كل قيد، إذ أن إطلاق السيادة هو إطلاق نسبي . وعلى ذلك فإن سلطان الدولة مقيد بالغاية من وجوده، وهي حماية حقوق وحريات الأفراد الطبيعية، فلا يكفي عدم تدخل الدولة في هذه الحقوق والحريات، بل لابد من أن يكون هناك التزام إيجابي على الدولة بحمايتها وكفالة ممارستها في حدود ما يسمح بممارسة الجميع لها.
The power is correlated to the life cycle of every political group, since the membership in any community involves subordination to its authority, i.e. to the power that define a framework for all members of society for their behavior and activities, this framework serves planned social objectives; thus Individuals respect this framework in order to maintain the social association and to prevent it from dissociation and dissolution.The current trend in constitutional jurisprudence is to restrict the power of polity and put suitable limits of it to ensure no arbitrariness from its side, and to prevent it from infringement and prejudice to the rights and freedom of individuals. The concept of sovereignty as it was described by traditional jurisprudence does not mean that power has no limits, since the release of sovereignty is relative.Thus, the power of polity is restricted by the Goal of its existence, which is to protect the natural rights and freedom of individuals. Polity non-interference in these rights and freedom is not enough, as there should be a positive commitment from the polity to protect such rights and freedom within the limits that permitted to all to practicing it.
References used
Dr.. Tharwat Badawi, Political Systems (Cairo: Dar Al-Nahda Al-Arabiya, 1994 edition(
Dr.. Hussein Othman Muhammad Othman, Political Systems and Constitutional Law (Beirut, University Press House, 2001 edition(
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The process of devolution of power is one of the fundamental
pillars of the establishment of systems of governance, through
peaceful democratic mechanisms which are reflected in the terms
of trade, of free elections based on multi-party.
In order
to achieve the democratic process for power trading by the
Syrian legislature instituted radical reforms in the system of
government manifested in the (2012 constitution and electoral law
No. 5 of 2014 and the Political Parties Law No. 100 of 2011).
This research tried to highlight the role of these reforms by
clarifying the extent of the impact of the electoral system and the
party on the devolution of power process and the role of the new
Syrian political parties in this process.
Approved a Syrian legislator protect the freedom of movement acted
involuntarily to man, expresses hereby expressly intention to move and
wander according to his will, for the exercise of its work and its rights and
other freedoms, but this does n
ot mean that the desire of the individual has
become similar to the rule of law Such freedom is not absolute, it can not be
for a person to give up her due its close association with the moral side of the
human personality.
nationality legal system that does not concern only the state but rather a means to
determine the population element where and is for human tool set for the distribution of
individuals internationally between states and political units, is consider
ed sexual For
individuals a personal right for those who enjoy it depends upon designate the amount of
the rights enjoyed by and dependent upon appointment Applicable law, so it is necessary
that the individual is attributed to the state of the world and the associated Association of
nationality and of his interests and his right to defend this status and required the state to
recognize him out and respected, is linked to nationality law problem of conflict of
nationalities, both dual citizenship when he enjoys the individual more than one
nationality, and statelessness in the case do not enjoy any individual nationality and we
will in our study, both the problem of the conflict of nationalities and their effects on the
individual and the state and the community international.
انعدام الجنسية
الجنسية
تنازع الجنسيات
ازدواج الجنسية
جنسية القاضي
الجنسية الفعلية
مبدأ حرية الدولة و استقلالها بتنظيم جنسيتها
nationality
conflict of nationalities
dual nationality and statelessness
the nationality of the judge
the actual citizenship
the principle of freedom and independence of the state to organize their nationality
المزيد..
The sexual exploitation is one of the most important and dangerous human trafficking crimes and the most prevalent worldwide; due to several reasons comes in the forefront of the development of means of communication and transportation, which facilit
ated the commission of these crimes and contributed to the emergence of methods and new mechanisms have; The crime of sexual exploitation in Syria characterized by the provisions and the characteristics that distinguish it from other sexual offenses provided for in the Syrian legislation and it is more trafficking in human Beings crimes prevalent in Syria despite the legal prohibition, which is increasing day after day, leaving a large number of victims, mostly women and children, in spite of the
importance of the efforts being made in order to combat it. It is noted that the Syrian legislature has came out from the general rules in the crime of sexual exploitation and singled her special provisions commensurate with the dangerous, in order to control the optimal shape, and the protection of victims and provide them with the necessary care And was interested in this research shed light on the concept of sexual exploitation in the Syrian law, and the statement of its properties, and to distinguish it from similar concepts to him; accordance with the legislation in force in Syria, particularly trafficking in persons law Syrian / 3/2010.
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