أثر تفسير نصوص الدستور على تحول أحكام القضاء الدستوري : دراسة مقارنة

الملخص EN

The way the judicial transformation Constitutional among the technical means by which the constitutional judge to assert the principle of constitutional legitimacy, what if any control over the constitutionality of laws and the interpretation of provisions of the Constitution except for the Protection of the Constitution because of its Highness and altitude on all the legal rules, here it is the function of basic constitutional judge is to protect Constitution out of it or violate its provisions be it either directly or indirectly.

The constitutional judge in comparison, Iraq systems using technical means in interpreting the text of the Constitution and constitutional control in general for the Defense of the Constitution, for example, the French Constitutional Council and some constitutional courts of European resorted to the idea of constitutional law with the custody and control of convenience and resorting to the idea of the apparent miscalculation and control of the legislative Billets and other technical means of control over the constitutionality of laws, and among these methods use the interpretation of provisions of the Constitution in the transformation of the provisions of the constitutional court, where all legal systems provide that the provisions of the final constitutional courts and may not be challenged, and they are binding on public authorities all , but the legal logic requires that these provisions are not binding on the Court issued, and thus may have to spend as opposers especially if we do not take the jurisprudence system.

The fact that the constitutional provisions can not be challenged us to stick to shift the judiciary in constitutional issues, but we are calling on our Supreme Court the federal law, and the reason which helps us to this is the fact that the constitutional judiciary, like other Negotiable justice systems because eliminates the constitutionality incorrectly matter, are not they human beings susceptible to falling into error, what if this happened and the law prohibits appeal to the provisions of the constitutional judges as is the reality now? .

There is no doubt that the shift away from the erroneous legal principles contained in the foregoing provisions is to ensure legal means to correct these errors, and this perception purely theoretically, there is a lot of constitutional provisions that must be reversible.

That he is one of the obstacles to judicial shift Constitutional It has been said, that this idea is in conflict with the Constitution on the grounds that constitutions devoid of text on them, the study concluded that the reverse Judge wrong interpretation does not violate the Constitution, but confirmed to enable the constitutional judge from development spending in accordance with the provisions of the Constitution and to avoid the denial of justice, and taken as a means to achieve rapprochement between the normal trends and administrative justice and the trends of the constitutional court.

That the application of the idea of judicial constitutional transition should be limited and exceptional so as not to threaten the idea of legal security, and the realization of the future and not the past so as not to threaten Authentic previous provisions.

Discuss the issue of the impact of the interpretation of provisions of the Constitution has addressed the transformation of the provisions of the Constitutional Jurisdiction three demands, first Valmtalb reported study linguistic definition and terminological shift constitutional justice, and in the second requirement impact of interpreting the text of the Constitution in the transformation of the provisions of the constitutional judiciary in the United States, Germany, and in the third demand impact of interpretation provisions of the Constitution in the transition provisions of the constitutional judiciary in both Egypt and Iraq.