The standard of constitutional ethics as a basis for constitutional transformation: from text to practical application

Saeed, Heman Ghani

doi:10.37651/aujlps.2026.169222.1742

	The standard of constitutional ethics as a basis for constitutional transformation: from text to practical application
Journal of Anbar University for Law and Political Sciences
Article 36, Volume 16, Issue: 3, September 2026, Pages 1038-1061 PDF (842.31 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2026.169222.1742
Author
Heman Ghani Saeed^*
College of Administration and Economics, Salahaddin University, Erbil
Abstract
This research argues that constitutions must be viewed not only as legal instruments but also as moral frameworks that effectively guide societal change. Constitutional morality serves as a normative standard, guiding the application and interpretation of the constitution toward fundamental principles such as justice, equality, human dignity, and freedom. To mitigate social inequality and promote democratic participation, state institutions—particularly courts and legislative bodies—must interpret constitutional language teleologically, focusing on values rather than formalities. Accordingly, constitutional transformation is seen as an ongoing process, where the constitution becomes an instrument for social change, and legal norms are translated into concrete social practices. Additionally, constitutional morality emphasizes that all state actors have an obligation to actively build the constitution as well as to protect it. It guarantees that constitutional transformation is a normatively driven shift toward a more inclusive, just, and democratic order rather than just a technical reform process. It also acts as a moral compass for constitutional judgments.
Keywords
Constitutional transformation; constitutional morality; state; society; institutions

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