الطبيعة القانونية للقضاء الدستوري : دراسة مقارنة

الملخص EN

The research dealing with the Essence or Nature of Constitutional Judiciary , as this concept means , Constitutional Judiciary , as a concept it's nature causing many inquiries , wich are headed by the possibil Political nature of this institution , according to the impact of it's function wich may affict strongly in the field of politics .

As aconsequences to what minsioned a bove , we are about tow assumptions : First: is to approve the posibility of playing political role , by the constitutional judiciary, as it depends in it's work , on the provisions of the constitution of state .these provisions are legal & political , by itself because constitutions are orgenizer of the political, legal operation in the state, in addition to it'a role in the other fields of life in the state.

Second : is to refuse the posibility of playing political role , by the constitutional judiciary , according the principle of judiciary indipendence,and the necessities of being neutral .

interferanc of constitutional judiciary in the political life makes it under the impact of politics , so this assumption refuse the political nature of constitutional judiciary ,and approve the legal nature of constitutional judiciary.

According to the mentioned above , this research standed on the assumption that agree the legal nature of constitutional judiciary, , and tried to prove the political effects of the function of constitutional judiciary, by clarifying the meaning of constitutional judiciary and it's features .