الأساس القانوني لرقابة القضاء الدستوري على قصور التنظيم التشريعي : دراسة مقارنة

الملخص EN

The shortcoming in the legislative organization is termed as jurisprudence (legislative omission), and it is one of the relatively recent terms that constitutional jurisprudence has not yet been able to deal with to a sufficient extent in terms of determining its meaning or content despite the constitutional judiciary facing it.

the shortcoming in the legislative organization is realized if the legislator, on the occasion of his regulation of one of the topics mentioned in the constitution, neglects one of its aspects, which may lead to a limitation of the effectiveness of the subject matter of regulation on the one hand, and a violation of one or some of the constitutional texts on the other hand.

as a result, we find that if the legislator intervenes, in implementation of the rule of the constitution, to regulate a specific topic, then his intervention must be integrated in its aspects, activating all the constitutional guarantees for this topic.

the constitutionality of this matter is contrary to the constitution.