Motives and requirements for constitutional amendment

الملخص

Finding a conceptual framework for constitutional amendment is difficult, primarily due to the diversity and variation of constitutional systems. Consequently, constitutions differ from one country to another, both in terms of the method of issuing and amending them. Achieving the greatest degree of stability and constancy for the constitution stems from the rigidity of the constitutions themselves, and the legal and procedural complications that accompany their amendments with the aim of creating a constitutional rule, which is the product of the circumstances that produced them, whether the motives for that are general or exceptional. Since it is natural that the constitutional rule is placed under a specific time frame that requires its amendment, whenever this time frame changes, its existence and non-existence are linked to it. The legal and political demands and subsequent developments of any society make amending the constitution an urgent matter and an inevitable necessity in order to keep pace with the development of society and fill the legal gaps in the constitutional structure. Not to mention that codifying constitutions gives them a kind of stability and constancy, as the constitution is the highest document in the legal ladder. Consequently, the emergence of reformist ideas and the development of legal thought casts its shadow on the constitution, such that it must keep pace with this successive development and keep pace with it by amending the constitutional text, for general or specific motives, and in accordance with specific controls and procedures. Constitutions must keep pace with development so that there is no estrangement between constitutional texts and reality.