ضوابط الرقابة على الإغفال التشريعي: دراسة مقارنة

Abstract EN

There is no doubt that the oversight of the legislative omissions is one of the branches of control over the constitutionality of the laws, but this type of censorship is characterized by the fact that it focuses on what the legislator overlooked in the legal text that is subject to unconstitutionality.

the unconstitutionality of the text does not come from a clear violation of the rules of formality and objectivity of the constitution, but it stems from the omission of the legislator or failure to organize the right, freedom or accountability in the organization, what was overlooked by the legislator is what made the text a matter of unconstitutionality, since the origin of the monitoring of the constitutionality of the laws is legal control and not appropriate control, the intervention of the constitutional judge to control unless the legislator mentioned-or omitted-would prejudice the scope of the authority of the introduction of the project, therefore, this censorship is sensitive so as not to accuse the constitutional judge of interfering in the work of the legislative authority and therefore is a breakthrough for the principle of separation of powers, this, of course, requires that the constitutional judiciary subject itself to special controls that reduce friction with the legislative authority and maintain balance in the relationship with other authorities, especially legislative ones.

this study has focused on the controls or self-restraints of the constitutional judiciary when the oversight of legislative omission is started.

the extent of the possibility of the constitutional judiciary from the scope of its control to cases of abstention from the legislative measures that should have been taken under a provision of the constitution in the absence of legal permissibility of this type of censorship.