رقابة الامتناع عن تطبيق القانون غير الدستوري : الولايات المتحدة الامريكية انموذجا

Abstract EN

The Constitution sets out the rules of the provisions and principles binding both rulers and ruled alike, for each of the public authorities and the target audience to its work public authoritarian binding, those provisions and principles-proclaimed all of my sect rights and freedoms, so as not to have any of the public authorities and bodies on her exit them or violated but they are binding on the contrary, to maintain them and to ensure the provision, and through this idea prevailed logic state authorities restrict the provisions of the Constitution, because it represents the essence of the idea of going out on the constitutional control.

It is worth mentioning that the jurisdiction of US courts on the constitutionality of laws Search is subject to controls established by the Supreme Court in 1936, these controls are summarized it is not permissible to eliminate that looking at the constitutionality of a law only when the application of its provisions on the litigation, and may not be to eliminate that ruled unconstitutional a law However, based on the appeal submitted by one of the parties to the litigation, have an interest in this, so this study, we divided the two sections, as we discussed in the first part, content to refrain from applying the law is constitutional, the second part dedicated to the study of the conditions to refrain from applying the law unconstitutional.