Towred the Constitutional Future (In Arabic Language)

The paper constitutes the fifth paper of 23 included in the Collective book, Iraqi Constitutional Studies, published by the International Institute of Human Rights, at DePaul University College of Law -Chicago, into P. 113 and 168.The contribution torn around the constitutional text -making and its methodology, departing from occidental constitutional charts', principally the Spanish 1978, and the French 1958. Through several constitutional institutes references from Individual Rights, objective and subjective rights, and the structure of constitutional chart regarding the national institutions, and the constitutional review. Trying to contribute for a theory of asymmetric federalism regard the communities, and the entities in the Iraqi societies distinguishing between communities, spiritual authorities, and political collectivities, where is deeply mixed in political conception in Middle East.Moreover, the paper tray to contribute for another theory of constitutional interpretation through the actual experience in Spanish legal system, which had been concluded in Americanization of their constitutional law. Through a case -law study in the Spanish constitutional court decisions 1981-2001, the analysis had been demonstrate a great constitutional activism and deficit in legal reasoning toward the precedence and instead of the constitutional concrete interpretevisim.Finlay, the paper tray to contribute to the theory of judicial administrative review in Middle East, from an abstract judicial activism upon the political power, constituting new democratic dogma from occidental rule of law theorisim.