Social Science · Original Research

The Amendment of Law and Its Necessity

Awat Kamal Hamadamin1 , Jawad Faqi Ali1

1 Department of Law, Faculty of Humanities and Social Sciences, Koya University, Koya , Kurdistan Region, Iraq.

Published
August 17, 2020
Volume
7 (3), 335-357
License
CC BY 4.0
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Abstract

Laws are legislated to regulate the life of people. As societies are developed, the customs and traditions are changed too; the relations between individuals are changed as well. The amendment of laws has become inevitable, so the characteristic of amendments is rooted in the legislative process. Sometimes, the path of legislation goes against the followed direction. The life never ends, so the legal texts should not be fixed, otherwise the life would be pointless. There are various forms of law amendments like revoking the legal basis, and terminating its validity either explicitly or implicitly. Deleting, adding or replacing a title or numbering may also be in the form of law amendments. There are many reasons for the amendment, such as including the change in the system of government and the advancement that nations and peoples receive, the separation of a region or province from a country, or replacing the prevailing intellectual tendency in the state. Different sides have the right or the duty to suggest amendment, the main are legislative and executive authorities and the presidents of the countries. The most important sides that suggest amendments are organizations of civil society, and the legislative authority takes into account MA and PhD theses and dissertations, and academic researches too. Amendments to the draft laws are issued by the legislative authority, which consists of a number of members elected by the people. Many conditions must be meet in these members in order to be competent enough to take the responsibility. The conditions include science, culture, and legal. The member should be fluent to be able to enact laws amended as the amendment of laws is an inevitable fact and there is a legitimate rule that entrenches this fact which is ((the changes in laws cannot be denied by the changes of time)). The changing customs are changed according to different times and places and conditions, and therefore the provisions built to care for them vary and change by change The changes in the conditions of human beings is the custom of life and the perpetuation of the situation is impossible, so the amendment of laws is inevitable and necessary, and saying contrary to this is opposite reality and customs of nature since God created Adam to our day.

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The Amendment of Law and Its Necessity

Awat Kamal Hamadamin, Jawad Faqi Ali

Laws are legislated to regulate the life of people. As societies are developed, the customs and traditions are changed too; the relations between individuals are changed as well. The amendment of laws has become inevitable, so the characteristic of amendments is rooted in the legislative process. Sometimes, the path of legislation goes against the followed direction. The life never ends, so the legal texts should not be fixed, otherwise the life would be pointless. There are various forms of law amendments like revoking the legal basis, and terminating its validity either explicitly or implicitly. Deleting, adding or replacing a title or numbering may also be in the form of law amendments. T...