The Constitutional Basis of the Sustainable Development Principle and its Impact on Achieving Social Justice in the Iraqi Constitution 2005
DOI:
https://doi.org/10.65263/qqqzdh78Keywords:
Sustainable Development, Social Justice, Iraqi Constitution.Abstract
The constitutional value of the sustainable development principle is not confined solely to the environmental dimension; rather, it extends to encompass the system of economic and social rights that constitute the core of social justice. The Iraqi Constitution of 2005 contains provisions of a socio-developmental nature that serve as a foundational basis for inferring the support of the sustainable development principle, even though it lacks an explicit text enshrining the principle as an independent constitutional right. Furthermore, social justice has emerged as a constitutional value necessitating effective judicial protection; however, the enforcement of such protection remains contingent upon the will of both the legislator and the constitutional judiciary.
References
First : legal books and literature
1. Dr. Ayman Eid El Sayed El saadny, the constitutional right to sustainable development: a comparative analytical study, Arab renaissance House, Cairo, 2021.
2. Dr. Abdelghani Bassiouni Abdallah, political systems and Constitutional Law, University House, Beirut, 1992.
3. Dr. Ali Hadi Atiyah al-Hilali, the Enlightened One in the interpretation of the provisions of the Iraqi constitution of 2005, Vol.1, Dar Al-Sanhouri, Baghdad and Beirut, 2015.
4. Dr. Raad Naji al-Jeddah, the constitutional system in Iraq, al-Sanhouri library, Beirut, 2014.
5. Dr. Adel Omar Sharif, constitutional judiciary in Egypt, Arab renaissance House, Cairo, 2018.
6. Dr. Abdul Aziz Mukhaimer Abdul Hadi, the general theory of the principle of sustainable development in public international law, Arab renaissance House, Cairo, 2006.
7. Dr. Mohamed Youssef Alwan, Dr. Mohammed Khalil al-Mousa, international law, Wael publishing house, Amman, 2006.
Second: published research and studies
1. Saad Abdullah Khalaf Habib, "the constitutional and legal basis for distributive justice in the establishment of the import authority in Iraq", Journal of Imam Al-Azam University College, issue (26), Baghdad, 2018.
Third: constitutions
1. The Constitution of the Republic of Iraq of 2005.
2. The Constitution of the kingdom of Morocco of 2011.
3. The Constitution of the Republic of Tunisia of 2014.
4. The Constitution of the Arab Republic of Egypt of 2014.
5. The French constitution of 1958, amended by the addition of the Charter of the environment in 2005.
Fourth: judicial rulings and international documents
1. Federal Supreme Court of Iraq, Decision No. 89/federal / 2013.
2. Egyptian Supreme Constitutional Court, judgment No. 13 of the 1st constitutional year, session of May 16, 1981.
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