المعوقات القانونية والبنيوية للقضاء الدستوري

الملخص EN

The importance of the research lies in shedding light on the legal and social obstacles to the constitutional judiciary, which were reflected in its effectiveness, as a result of many factors that had to be mentioned in order to reach real results and solutions, which we find in the confused and imprecise constitutional wording, which shows the extent of the structural defect in the constitutional text.

Regarding the confusion in the mechanism of forming the Constitutional Court, forgetting that the value of constitutional institutions is of the value of those working in them, and that the weakness in the legislative structure of the constitution, whether in the formulation or the method, will in turn affect the work and effectiveness of the constitutional judiciary, which causes the failure to stipulate the basic organization for the formation of constitutional courts In addition to the conditions of appointment that are necessary for members of the Constitutional Court, immunities and job guarantees, which must be specified in the text of the constitution, which if they remain unchanged will expose them to compromising their constitutional status by other authorities, which will negatively affect the performance of the role of members of the Constitutional Court