دور القاضي الدستوري في إصلاح القصور التشريعي

Abstract EN

Legislation according to modern theory is minor in nature, and its shortcomings are derived from the shortcomings of the legislature.

The legislator, no matter how piercing and imaginative, surrounding accidents, remains short of understanding all the incidents, in addition to those that arise in the wake of the legislation, one of the main reasons for replacing legislation with others, The large number of incidents that the amendments are unable to pursue, in addition to the fact that the legislation in dealing with it is infinite and surrounded by limits, while accidents and developments are infinite, and infinite does not surround or govern the infinite, and interpretation is necessary for the legislation as the amendment, and saying otherwise means violating the character The human interpretation and the characteristics of positive law.

Indeed, interpretation in its scope is inversely consistent with the deficiency of legislation, so the more short the legislation, the more active the interpretation movement and the breadth of the work of the interpreter, and the more accurate and broad-based the legislation, the more the interpreter's activity recedes, but its scope remains reserved and cannot be exceeded .

Legislative deficiencies mean the inadequacy of legislative texts for the prevailing social and political life in society at the time of applying those texts, and the failure of the legislative text to include detailed or partial provisions that are needed in light of fundamental changes.

It was developed in an earlier time to keep pace with this development, and the legislative deficiency is achieved whenever the rule that addresses the issue before the judge is present, but is not fair or inconsistent with the social and political conditions.

Legislative deficiency is achieved as a result of adopting a constitution that brought new values, rules and principles, but the laws in force remained unchanged without being affected by amendment or abolition, because merely creating a new constitution, no matter how ideal it is, will have no legal or social value unless the texts and principles in it are translated.

That constitution refers to laws that replace the laws left by the dictatorship, and given the newness of the idea of legislative deficiencies as one of the defects of unconstitutionality, and its apparent reliance on the jurisprudence of constitutional jurisprudence, jurisprudence did not agree to define its meaning and content, but rather these definitions multiplied.