When constitutional custom is stronger than the constitutional text
When constitutional custom is stronger than the constitutional text

Summary/Abstract: The aims: This paper aims to prove that constitutional custom in practice has become stronger than the constitutional rule, and it also aims to shed light on a very important point, which is that those in power or ruling parties in countries sometimes impose a constitutional custom despite the existence of a constitutional text. Purpose of the paper: The paper attempts to draw attention to the fact that the process of imposing constitutional custom practically in the face of the constitutional text will gradually eliminate the idea of the supremacy of the constitution and the superiority of the constitutional text. This paper also attempts to show the extent of the possibility of restoring authority and powers to the constitutional text and thus returning the matter to its correct place and true constitutional status in the face of constitutional custom. Methodology: The researcher relied on the method of analyzing the constitutional text and the extent of its binding, as well as the method of comparing cases witnessed by many countries' practices. Main results and conclusions: The paper concluded an important basic result, which is that constitutional custom has become stronger than the constitutional rule due to the practices of the ruling authorities. The other result is that custom is usually stronger in countries whose constitution is brief and lacks some details in the provisions.

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