إثارة القاضي تلقائيا لعدم دستورية القوانين بين الحظر و الجواز

الملخص EN

When applying the laws, the legal texts prohibit the trial judge from automatically rising their unconstitutionality for reasons related to compliance with the obligation of impartiality, the guarantee of the principle of separation of powers and the non-interference of the court in the work of the constitutional court, the sole holder of exclusive competence to resolve constitutional disputes.

this article is intended as a critique of this situation by suggesting a proposal based on logical arguments in order to provide the judge with the right to automatically raise and refer that text to the constitutional court which would find its unconstitutionality when the parties of the dispute do not present reasons for this.

this will ensure better justice guaranteeing constitutional rights and freedoms related to the judicial process.