the citizenship and the rights of the Arab citizen between the Constitution and the law When the fully state with all the administrative, financial and economic and military identify with the ruling authority power, the state become authority and the authority become as state , then become impossible to see the distinction between both , so through a quick looking at the reality of the situation in the Arab countries clearly we can see that there is no separation between the authority and the State and there is no separation between the judicial and military authorities and the legislative and executive branches, all of these authorities, however it is on the hand of the governing authority for the benefit of continuity of ruling for the Arab region was, particularly the Levant constitutional texts provisions for thousands of years BC in the time of Ugarit kingdom , and Babylon, was the most famous Code of Hammurabi, and the starting-up phase of Islam the Koran was the constitution of the people of the arab countries , but quickly the governors become do their own laws but were coated cover religious and included continuing governance, and this situation continued even during the Ottoman occupation of the area, At the beginning of the fifties of the last century when the beginning of the independence of the Arab states from the Western colonialism (Britain, France, Italy) the arab began writing them constitutions and was a mix between the constitutions of the colonial powers and the Islamic religion, customs and traditions, and all these constitutions were similar with the headlines and guidelines (state religion, language, borders,,,,) and mix with texts of the Western countries constitutions , including the respect of human rights etc etc, But all these constitutions remained a dead letter and become like decorative pieces on the shelf. Because they was no real parliamentary legislature and an independent write these constitutions and oversees the application, the legislatures and the parliaments in the arab world are two types: 1 - parliaments fake elected in general because the authority use all her tools (media and intelligence, security) and other tools in order to ensure access of power to loyalists chairs Parliament 2 - formal parliaments were appointed by the authority ruling In both cases, these parliaments are fake and not independent and incapable for writing a constitution or supervise the application and implementation of its provisions, But where is the citizenship and rights of the citizens in these constitutions??? after i read most of the arab constitutions, i find that all the constitutions of arab states having texts to respect the human rights and human dignity!!!!! So where is the problem??? The problem that every paragraph in the Constitution says: This paragraph shall apply according to the laws and regulations.!!!!! And based on this phrase, the Authority ruling unloading the Constitution of the content and thus freezing and supersede all its effects, and then control the state by the laws of governing authority which formality basing through formal voting in parliaments loyal to these authorities, and and sometimes the law become country of the constitutional until barefacedness The continuation of writing the laws by the authority and interpretation it in foggy way, makes the citizens as walking in a minefield and mixes his rights and his duties so he become cautious in his writings, talks and express his views to not find himself in the facing the law or the interpretation of this law than the mood of dictator , and there is many examples which countless about the people who have been mistreated because of their opinions or their writings (even they are not politicians) are writers and authors, journalists, artists ……. Sometimes poem or literary text or newspaper article (or scribble of children on some walls) are punishable by imprisonment or death or exile and displacement (and sometimes destroy the state) under the title maintaining the national security or charged of attempting to overthrow the government and seize the power, and all the foregoing are by the laws and their interpretation, all this fogginess in the laws and their interpretation are blurry deliberately by the ruling authority, the and interpret of this laws comes always in the interest of power and its continuation of power. but the local authorities can not do all this without abroad help !!!! helps the authorities in on her tyranny the Western and American governments through there hypocrisy for the local authorities , for them troubleshooter economic and security in the region and to ensure the control over the wealth of the people as long as possible. So I see that timid shoring and conditional sometimes by Western countries and America to the arab revolutions is new hypocrisy in order to ensure their interests and not because they love the people and in order to give them freedom and dignity. but I am optimistic of these peoples which wake up , and I hope that does not allow the American and European government to steal and exploit them again. If the Western and America government have real desire to give freedom and dignity for the peoples i think they most help the Palestinian people to find a moral solution for them case and them pain which continued since sixty years,but they are doing fully contrary, they are helping the other party of the problem but we hope that the European peoples they stand in the face of the hypocrisy of their governments . Beduino Rosso 2/12/2012
Posted on: Sun, 24 Aug 2014 23:44:05 +0000
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