ملاحظات حول المجلس الدستوري في تعديل عام 2016

Abstract EN

The aim of this article is to shed the light on the evolution of the constitutional council through the legal texts that governs it, especially the constitution.

Its internal rules (the rules of procedure) concerning the evolution of the composition of the council, the parties entitled to call upon or to notify it by the authorities (public) entitled for that and the type of control exercised by the council either before (a priori) or after (a posteriori), facultative or obligatory and the time limit of the call upon the council by the official institutions of the state.

As for as individuals are concerned, the amendment created a new method for them by which the constitutional council may be referred to with regard to an exception unconstitutionality pursuant to the request by the supreme court or the council of state when one of the parties in a civil or administrative trial claims before the jurisdiction that the legislative provision upon which the issue of litigation relies upon many adversely affect the rights and freedoms granted by the constitution.