ممارسة القاضي الإداري لرقابة الدستور

Abstract

The Western Constitutionalism has established two systems of justice in the constitutional state: judicial justice, which including ordinary and administrative, and constitutional justice exercised by the constitutional judiciary. And each has its own philosophy, where judicial justice is concerned to deciding on disputes of interpretation of legal rules, while the constitutional justice oversees the validity of the production of legal rules, so, was granted the function of constitutional control. moreover, the administrative judge may participate in the constitutional control for two necessities; first, as the constitution is the first source in the legitimate block of administrative work, so he will arbiter it in its validity, namely, in its constitutionality. And the second necessity, when considering the Exceptions of Unconstitutionality of legislation submitted during the administrative dispute, which was provided by the Constitutional Amendment of 2016. These two necessities enabled the administrative judge to participate in constitutional oversight.