في مراقبة المحكمة الإدارية لدستورية القوانين عن طريق الدفع

Abstract EN

While the common law judges has had the historical precedence in determining the constitutionality of laws since 1987, the jurisprudence of Administrative Courts has settled upon the idea that the monitoring of the constitutionality of laws does not fall within the jurisdiction of the administrative judge since its early years, Although they have acknowledged for themselves the authority to control the constitutionality of administrative decisions that are not based on a legal provision that forms a barrier between them and the Constitution according to the theory of obstructive law or the legislative shield.

The Administrative Court then changed its stance after the dissolution of the Constitutional Council in 2011.

It assumed the responsibility of monitoring the constitutionality of laws through exception, in the ence of a structure that guarantees the constitutionality of laws.

And went even further than that by acknowledging to the administrative judge the possibility of reconsidering the constitutionality of legal provisions that were not reviewed by the provisional organism of Constitutionality control of bills.

This is the matter that will be addressed in this article, along with the arguments adopted by the Administrative Court to recognize its competence in monitoring the constitutionality of laws through exception.

key words: Tunisian administrative judge; The exception of the unconstitutionality of laws; The control of the constitutionality of laws through exception the provisional organism of Constitutionality control of bills.