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Title: بناء دولة القانون والمؤسسات في إفريقيا : دراسة تطبيقية لحالة دولة تشاد
Authors: محمد أحمد موسى يعقوب
Keywords: القانون العام
دولة القانون
Issue Date: 2015
Citation: جامعة أفريقيا العالمية - عمادة الدراسات العليا - كلية الشريعة والقانون - قسم القانون
Abstract: A number of African countries are undergoing major shifts. And transformations, that have not been witnessed since independence, this Trend lies is manifested in the more towards building the democratic state, upholding rule of Law and democratic institutions. This attitude is enhanced by wide political and social calls to achieve justice and equality in different African societies and the need to have real changes in the economic, social and political conditions, and the establishment of good governance. The means to do that differ between un democratic silent ways like military coups, revolutions, or democratic peaceful, such as demonstrations, social and union protests through social media, or by configuring entities and institutions of civil society, to achieve these ambitions and hopes, and to seek ways to abolish the practice of one- party system, military regimes, and spiritual parental ship. Such back ward systems prevailed in the continent since (1962-1982), and the African countries did not however achieve any progress with regard to good governance and the rule of law, on the contrary some of African countries were turned under the one-party system into failure states, in which some sectors, were suffered from exclusion and marginalization as a result of prevalence of personal, partisan, zonal or intellectual ambition, at the expense of the rest of sectors and majority of the society as whole. Practical experiences have proven that there are no ready models of democratic practice of democracy and the rule of law, which can be built upon, to achieve the state of law and institutions, depending on the circumstances of each community of human societies. This can be presented in the necessary for legislation, and the existence of institutions based on the idea of mutual checks and balances in the authorities, and the presence of awareness of the importance of the Shura or democracy, as way to manage the state, coexistence between the various components of society, and real participation between the governor and the governed to achieve good governance, the reliance on legislation alone is not enough, if it does not stem from the people and if it does not realize efficiency, justice and objectivity, parties, or civil society, bodies should be based on pluralism and community participation, and not institutions established by the ruling authority, whatever this authority is. Society should be convinced that Shura or democratic system, is the sole peaceful way to power and of coexistence between the different social components, and it is the best way to build state institutions in a constitutional framework, that takes into account the different requirement of the community, taking into account the fact that the move towards building the state of law and good governance springs from within rather than dictated from outside, and it is based on a social contract that is accepted by everyone I.e. constitution, only then can create the state of law in Africa, which has seen in its history, a number of the fine examples in west, central, south and north Africa, and dealt with the most important consideration on which the state of law is realized , and in doctrine separation of powers insofar to achieve justice, and the achievement of the social dimension of through community participation and equality in rights and duties the large umbrella of all this. Is the existence of legislation that everyone is subject to whether institutions or persons, It is justice, equality and democracy and the adoption of human rights. The study aims, in both its conceptual and practical sides providing a road map in order to enable African communities in particular Chad community, to achieve the desired social justice as it has been suffering for a period of more than half a century from political and security instability, which was negatively reflected on justice and good governance. The study concludes in its recommendations, and findings, that the African state and African society, can build the state of law and institutions, and that the problem lies in the need to raise awareness of the community, and community dialogue that will lead to the adoption of a social contract that satisfies the diverse needs of the African community and in particular the Chadian based on justice and equality. The study reached to basic findings and recommendations i.e. the stability of Chad and building a modern state of it, requires the building of good governance, to achieve social peace, and develop a charter of peaceful coexistence, between the religious, intellectual, regional and other components, a constitution that guarantees the elements of the state of law and institution.
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