طبيعة احكام القضاء الدستوري و دورها في تحقيق استقلاله

الملخص EN

Through our research tagged (the nature of the provisions of the constitutional judiciary and its role in achieving its independence), we try to highlight that the provisions of the constitutional judiciary represent the tool in which it invades the field of political action to draw the boundaries of its legitimacy in light of what is decided by the constitutional system of the state, And the sources of its legal nature draw the limits of its effectiveness in facing public authorities, which the legislator consecrates as basic principles in the work of the constitutional judiciary, through which it affirms the status of this judiciary among the constitutional authorities and enhances its independence in facing them.

And through it, it guarantees its effectiveness in achieving the goals for which it was found when the parties addressing its provisions do not find a way to delay or refrain from implementing them.

While the constitutional judge addresses the various disputes within his jurisdiction and issues its rulings according to the evidence and arguments presented therein, and there is no authority over him in that except the law.

However, his rulings often address political issues that constitute the application of the constitutional texts that he works to protect, which presupposes the judge to be aware of the nature of the dispute of a political nature and the seriousness of the implications of the rulings that can be issued in it.