دور الرقابة الدستورية في تجسيد مبدأ سمو الدستور وفقا لمتعديل الدستوري 020

Abstract

The constitutional amendment of 2020 touched many aspects regarding the provisions related to the Constitutional Court, starting from the designation through the controls of its formation to its competencies and supreme. The constitution is just recommendations with no real value, thus protecting the rights and freedoms of individuals. The Constitutional Court has opened the way for the legal experts to form the members of the Constitutional Court, and two-thirds of the members of the Constitutional Court are elected, and this is a step towards independence. Expanding the jurisdiction of the Constitutional Court to include, in addition to its classic tasks of conformity and constitutional oversight, and consideration of the defense of unconstitutionality, other issues related to examining potential differences between constitutional authorities, adjudicating the compatibility of laws with treaties, monitoring presidential orders and regulations, and dedicating its role in monitoring the referendum and presidential and legislative elections, as well. Interpretation of the constitution, and this is what makes it one of the important organizational checks and balances that prevent the public authorities from attacking the constitution, and raise that assault with the right they have to refrain from applying the text that contradicts the constitution.

Description

مذكرة ماستر

Keywords

المحكمة الدستورية المجمس الدستوري الرقابة الدستورية سمو الدستور, the Constitutional Court - the Constitutional Council - the constitutional oversight - the supremacy of the constitution

Citation

م.إ.ق22