آثار تقرير آلية الدفع بعدم الدستورية على وظيفة المجلس الدستوري

Abstract EN

The requirements for the establishment of the state of right and law necessitate the empowerment of individuals to defend their rights and freedoms from the legislative authority's assault.

Therefore, constitutional legislator introduced the mechanism of resorting to the unconstitutionality of the legislations enacted by this authority before the Constitutional Council.

This study came to highlight the impact of the Procedure of Resorting to the Unconstitutionality Mechanism on the function of the Constitutional Council, and here we found through the analytical method followed in this study that actually this mechanism had an impact on the function of the Constitutional Council since it acquired the status of the protector of people's rights and liberties.

By virtue of this mechanism, the Constitutional Council has adopted a judicial function in view of the fact that the Procedure of Resorting to the Unconstitutionality Mechanism contains elements of judicial dispute.