فكرة الخصم الطارئ في الخصومة الدستورية : دراسة تحليلية مقارنة

Abstract EN

Judicial oversight of the constitutionality of legislation is an essential guarantee for safeguarding and protecting the constitution from violations.

This can only be done by submitting a lawsuit addressed to the judicial oversight body, fulfilling the conditions in order to accept formally and directly the lawsuit regarding its constitutionality.

The principle in any ordinary lawsuit is that its subject, its cause, and its parties are determined by its requiting petition.

Nevertheless, requests submitted can include a request to bring another party into an existing litigation case, just as others may want to involve in the confrontation with the litigants.

Throughout this research, we have reached to the conclusion that it is permissible for another party to involve or be involved as an emergency opponent: a third party: in a lawsuit in conformity with the mechanism of initiating the case and the legal status of that opponent, and in line with the nature and subject of the constitutional case, which is focused on disputing a text in ordinary or subsidiary legislation, around which there is suspicion of its unconstitutionality.