مدي شرعية السلطة التقديرية للرقابة الدستورية في حالة الإغفال التشريعي

الملخص EN

If the legislative authority enjoys wide discretionary power in exercising its legislative powers, but this authority, like other authorities, is not an absolute power or a controlling authority that is not restricted, but it is a restricted authority, subject to many controls and restrictions that must be adhered to in its legislation, otherwise its work is in accordance with It is invalid in violation of the constitution, indicating its nullity.

There is no doubt that legislative oversight is one of the branches of overseeing the constitutionality of laws.

However, this type of oversight is distinguished by the fact that it focuses on what the legislator overlooked in the legal text subject to the challenge of unconstitutionality.

The unconstitutionality of the text does not result from an explicit violation of the formal and substantive rules of the constitution, but rather from the legislator’s neglect.

Or a failure to regulate the right, freedom, or accountability subject to regulation, so what the legislator overlooked is what made the text tainted with unconstitutionality, and since the principle in overseeing the constitutionality of laws is legal oversight and not appropriate oversight, the constitutional judge’s interference to control what the legislator did not mention- what he omitted- They may affect the scope of the discretionary power of the legislator, so this oversight is sensitive so that the constitutional judge is not accused of interfering in the work of the legislative authority.

The importance of studying legislative omission appears in two basic points: The first is that every violation of the constitution, whether intentionally or without it or negligence, must be prevented, and the second: related to the fact that the constitution guarantees protection for every right or freedom recognized in its theoretical and practical aspects, and this guarantee is the guarantee The only rights and freedoms of citizens, which is why these rights and public freedoms must be enforced in a way that guarantees their use as envisioned by the constitution