نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The study of constitutional mechanisms serves as a safeguard for political systems during times of turmoil; the constitution’s role in confronting political crises is evident in the provision of governing legal and institutional frameworks that ensure state stability and prevent collapse. Iraq and Egypt offer ideal case studies for examining this role, given the complex historical and political transformations both nations have undergone. The study addresses the escalating intensity of political and constitutional crises in Egypt and Iraq—manifested in recurring political deadlocks, jurisdictional disputes among state authorities, and security and civil unrest. These crises have exposed inadequacies or shortcomings in existing constitutional provisions regarding the delivery of decisive, immediate solutions, thereby threatening civil peace and institutional stability and making crisis resolution dependent on fragile political compromises rather than the rule of constitutional law. To address this issue, the researcher deconstructs the legal framework of constitutional provisions concerning states of emergency, parliamentary dissolution, government formation, and the separation of powers in both countries, while identifying and analyzing the strengths and flaws revealed during practical application in past pivotal crises. The study employs descriptive-analytical and comparative methodologies, offering a critical, in-depth analysis of how these constitutions handle crises. It proposes a "flexible constitutional crisis management strategy," which entails activating clear, unambiguous provisions to prevent political deadlock and establishing binding timeframes for resolving disputes between state authorities. The research yielded several key findings, most notably that the constitutions of Iraq and Egypt served as pivotal tools for managing political conflict, though their effectiveness remained contingent upon the extent to which political forces adhered to their provisions. It also emerged that ambiguity in certain Iraqi constitutional clauses contributed to prolonging crises, whereas the broad powers granted by the Egyptian constitution helped resolve certain imbalances—albeit while facing challenges regarding the balance of power among state authorities. In conclusion, the researcher highlights the practical significance of the study, presenting it as a reference guide for decision-makers and legislative drafters; it underscores that fortifying nations against crises requires more than just rigid legal texts—it necessitates the development of preventive constitutional mechanisms and the cultivation of a political culture that embraces the constitution as the supreme authority for resolving disputes and ensuring the sustainability of the democratic framework.
کلیدواژهها English