Globalization: Its nature and impact on constitutions – Iraq and Egypt as examples

Abstract

This research examines globalization as an international variable that transcends borders, its effects no longer limited to economic and technological aspects, but now impacting the structure of national legal and political systems. The study aims to clarify the concept of globalization and analyze its impact on constitution-making, focusing on the experiences of Iraq and Egypt as models of constitutional transformation under globalization.

The study employs a descriptive, analytical, and comparative approach to demonstrate how globalization has contributed to the decline of absolute state sovereignty in favor of universal constitutional standards, such as the promotion of human rights, political pluralism, judicial independence, and a market economy. The research concludes that globalization has imposed a form of "constitutional globalization" resulting in a similarity of constitutional texts in the areas of rights and freedoms.

In the Iraqi case, the 2005 constitution was drafted at the height of international influence, making it an expression of political and legal globalization concepts, particularly through the adoption of federalism and the guarantee of minority rights. In Egypt, the impact of globalization was evident in the amendments and constitutions issued after 2011, as the legislature sought to reconcile global principles with national particularities to avoid international isolation and attract investment.

The study concluded that modern constitutions are no longer considered solely an internal matter, but have become instruments demonstrating a state's engagement with the global system. The study recommends maintaining a balance between the demands of globalization and national identity and societal values to ensure the stability of the constitutional document and its acceptance by the people.