التنظيم الدستوري لحق اللجوء السياسي دراسة مقارنة في الدساتير العربية

Abstract

Associated with talking about political asylum, a link to the necessary political system of the state, from both sides of the asylum-seeker and donors .. In countries with totalitarian regimes, which suppress and restrict freedoms, and the absence of political rights and criminalizes them to talk about it, being a distinction between citizens on the basis of race, nationalism, and social class gradient. Increase the pace of political asylum and where citizens moving to the country in which shelter them and their families and provides them with safe haven from oppression and persecution. Usually eyes of asylum seekers to countries with democratic regimes, firm in the belief that a democratic political system is the basic guarantee for the safeguarding them against the evils of their persecution, detention and bars. Is diminishing the potential use of paper for political bargaining and to achieve gains. Such a possibility is reflected in countries with totalitarian regimes, which often opens the door to asylum seekers on the wide open not believing the principles of refugee rights, but the desire to use a pressure on the political system of his state when the need arise, or necessitated by the necessities of stage, especially since the foreign policy of states totalitarian regimes are not stable and are governed by the controls, but the interest of the system and whims. Which explains the direction of the majority of oppressed people in third world countries to emigrate to the United States and Europe. Where the experience of asylum in the Arab countries and the Third World in general that a refugee is often part of the negotiations or compromises the political system in its relations with other States or its neighbors. Despite the importance of the subject (the constitutional right of organization for political asylum), particularly in third world countries and the Islamic and Arab, but that this issue has not been given attention in the literature of Arabic as appropriate, seriousness and sensitivity. Considering that the Constitution and domestic law are the most important guarantee for the asylum seeker. Unlike in the study of this subject from the international side, where elaborated studies and literature to discuss this issue on the part of international regulation. Perhaps because the researcher finds in his hands there is no need of research and study. Unlike the case in Constitutional Studies, where you may find this text refers to the right, and often omits the reference to the Constitution. It is noticeable that the constitutions of Arab rarely address the issue of political asylum explicitly, in spite of its importance perhaps for fear of the direction of the eyes of asylum seekers corrected, as is often the granting of this right reason to embarrass her in front of the State of an asylum seeker, or the lack of faith in originally this right because it believes the firm that this right is contrary to the privileges and guarantees of the clutch on power. We discussed the subject (the constitutional organization of the right of political asylum) in three themes, we have dedicated the first to study the historical development of the right of political asylum and distinguish it from the principle of non-extradition of political. The second section Vtnolna the reasons for granting political asylum, and came third topic to study the position of Arab constitutions of political asylum.