القرار بعدم الدستورية : الحجية و الأثر

Abstract EN

Judgement of non – constitution is in itself critical and subdivision subject to what arouse from many problèmes concern with the obligatory of non – constitutional judgement and legal effect arranged on it and time frame for its validity and how to execute it according to previous legal centers on its issuance , according to legal center later for its issuance.

The complication came in research of this subject from difference in different constitutional systems which took judiciary monitoring in organization of non – constitutional judgement and confront to it.

In issue of obligatory of non – constitutional judgement, some constitutional systems decide absolutely obligating while other decide relative obligating for non – constitutional judgement ; and no doubt the results organized on these two kinds are very different and they are very important and dangerous.

As comparative constitutional systems differ in specifying legal influence which arranged on non – constitutional judgement, this influence may restrict only on forbidding applying legislative text of non – constitutional judgement without confronting to the attendance of the text itself, and may this influence reflect in cancel legislative text of non – constitutional judgement or cancel its validity.

Different constitutional systems which took later judiciary monitoring differ in specifying time frame to execute non – constitutional judgement between what is decided to retroactive influence base for non – constitutional judgement, and what is decided on direct influence base, while some systems undertake style gather these two bases considering one of them base and other exception.