الفهرس 
المقدمةيوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
The area of my research is in one of the most important branches of public law, which is ”constitutional law”, and one of the recent topics is supra-constitutional principles.
Everyone knows that the constitution is the cornerstone of building the legal state, and it determines the form of the system of government, the composition of public authorities, their competencies and the relationship between them. It also clarifies the public rights and freedoms of individuals, which requires that the constitutional document be characterized by consistency and stability, unlike ordinary legislation.
There is no doubt that the principle of the supremacy of the constitution is one of the legal principles established on it among the jurists of law, and it means that the constitution is the supreme law in the state, and that it is superior to all other laws; Since it was issued by the highest authority in the state, which is the constituent authority.
This eminence means that the constitution sits at the top of the legal hierarchy of the state, and its ranks are three: constitutional legislation, ordinary legislation, and subsidiary legislation.
However, with the convergence of the general philosophy of constitutions in the world, and the shrinking of politics between states and the pursuit of democracy, respect for people and their freedoms, and the upholding of values and ideals that people seek for themselves and do not seek for a purpose behind them, the idea of supra-constitutional principles that are binding on all constitutions of the world has emerged because of its characteristic joint international Because it is linked to fixed and stable rights for human beings, and it was enshrined in the important global historical experiences from which declarations of rights were issued, such as the American Revolution (the Bill of Rights), and the French Revolution (the Declaration of Human and Citizen Rights), as it was enshrined in the International Bill of Human Rights, issued by the United Nations General Assembly, the Universal Declaration Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
It has become difficult for any country to ignore these principles, whatever its regime. Added to these are the supreme national constitutional principles, because they are linked to crucial issues of the nation. Which is closely related to the internal experiences of countries, which differ from the circumstances, needs, and conditions of other countries; Each experience has its own specificity, which distinguishes it from the experiences of others, as some of them support the monarchy, and some support the republican system, and there are those who want to protect the federal state such as the states (the United States) and Germany through the idea of the fundamental principles of the constitution such as justice and other supreme constitutional values that represent restrictions Objective, including what is explicit in special texts, and some that are implicit, which are extracted from the total articles of the constitution as an integrated unit. The texts are all one system that was found to apply harmony and complementarity. Some constitutional jurisprudence has considered that these principles are of a higher rank than the constitution itself. It affects major and crucial issues in any political society and enjoys exceptional immunity against change and amendment, which exceeds the immunity given to other rules of the constitution, so that it cannot be amended, changed or stopped, because of its absolute, permanence and sublime character, and the drafters of the constitution must abide by it and not prejudice it At the forefront of these principles are the principles of human rights and fundamental freedoms that are internationally recognized by all international and regional human rights documents. Regardless of its content or essence, so that this document has a primacy in the legal structure of the state, and this is what entails the existence of legislative gradation so that this gradation becomes of four degrees: the first is: supra-constitutional rules, the second is constitutional legislation, the third is ordinary legislation, and the fourth is legislation subsidiary or subordinate.
Accordingly, the idea of higher principles has gained juristic attention, especially in the field of considering them as a legal basis for monitoring constitutional amendments. The texts were or were inspired by the higher values of society.
However, political, social or economic changes may occur in society, which necessitate intervention to make some amendments to the provisions of the constitution.
However, this is conditional, that these amendments be in order to achieve more rights and freedoms, and that they are compatible with all sects of society with different ideologies, without regard to the majority, whether partisan or religious, in order to preserve the rights of the minority within society.
Based on the fact that the constitutions of countries may include some issues that may not be affected during a certain period of time, or for the duration of the constitutional document, and these issues are considered restrictions on the power to amend the constitution, so that it is not permissible to affect them, whether by amendment or cancellation.
Since many constitutions include restrictions on the power to amend the constitution, some jurists have considered them as supra-constitutional principles or supra-constitutional rules, on the grounds that these principles are considered to be in a higher rank than the constitution, and these principles may exist explicitly or implicitly in the constitution, and the existing authority must adhere to By amending their respect and not deviating from them, these principles come in the form of restrictions, which may be formal or objective, explicitly or implicitly.
Those restrictions are supreme principles by which the original constituent authority wanted to oblige the existing authority to amend the constitution to abide by them and not deviate from them.
This is what the importance of this study lies in in dealing with this subject, in which there is a scarcity of sources, references, and specialized studies. Its rank is higher than the constitution and its rank is specific in the legal hierarchy of the state, and is it considered a restriction on the power to amend the constitution, and if it is suitable as a support for implementing control over constitutional amendments, and if deviating from it from the power to amend the constitution is considered a violation of a form of constitutional deviation.