الضوابط الدستورية على سلطة المشرع التقديرية

الملخص EN

Legislature is the authority responsible for hopes and aspirations of the people as a demonstration of semi-direct democracy, It has been authentically entrusted the right to legislate by the Constitution, promoting the social function and the general needs, and the ence of
Legislative policy means that the organizer loses the ability to targeting because of The ence of the ability to perceiving reality – in its social, political and economic dimensions that sever the convergence ties between The legislator and social reality.

While the Constitution singled out the Legislature by a proper discretionary authority of the law, its discretionary jurisdiction is about the public interest in the light of legality and legitimacy norms.

This authority granted is conditionally, It applies its constitutional obligations, I.

ensure equality and non-discrimination.

II.

Avoiding abuse of authority and respect for freedoms.

III.

The legislator does its legislative role within its jurisdiction as detailed in the paper.

Reached a set of conclusions, principally: legislative authorities is supposed to be applied unconditionally unless the Constitution imposes Constitutional Checks on its jurisdiction, it is considered a frontier shall not be exceed.

The legislative deviation is principally regarding the purpose of the legislation, which avoids the public interest, that is why the legislation has a constitutional deficiency.

Finally, sufficient time in which to consider and discuss the rules shall be taken into consideration, since the resurgence of angular acceleration of promulgation of surprising laws, it contradicts the primary function of legislative.

It also embrace the idea of earlier oversight, oversight of constitutional council, following the lead of the French Council, so that the judicial control shall be next to a bulwark to achieve the previous and subsequent oversight of the constitutionality of laws.