الحجية و النفاذ لقرارات المحكمة الاتحادية العليا : دراسة مقارنة

الملخص EN

The decisions issued by the Federal Supreme Court are final and binding on the authorities for all.

However, a distinction must be made between two types of decisions issued by the court.

The first is judgments and decisions that refer to a formal or procedural defect in the constitutional case, and the second is judgments and decisions that are due to an objective defect.

The first has relative authority.

As for the second, it has olute authenticity.

And since the decisions of the Federal Supreme Court enjoy (the power of the thing judged) in decisions specialized in oversight of constitutionality or interpretation of the provisions of the constitution, we have studied in the research the enforcement of decisions in terms of time and their impact, both on the law declared unconstitutional, and the extent of the authority it enjoys in the direction of Individuals and authorities, as the study reached important results, including those related to authenticity or enforceability, as well as the importance of publishing the decision in question according to the analytical approach to decisions.