الانحراف التشريعي

Abstract EN

Deviation in the use of the legislative power is considered one of the most serious defects affecting legislation, given the peculiarities of this defect that make it hidden and invisible because it is related to the human soul and the goals that it aims to achieve at the expense of the public good, and this is what made it one of the difficult defects to prove before the constitutional judiciary.That is why constitutional jurisprudence took care of it and followed it in the constitutional judiciary, especially in terms of searching for its field and the various technical and realistic foundations that could lead to the legislative authority and help it to abuse its power, and what increased this importance is the attempt to link this defect with some peculiarities and features that make it It differs from the rest of the other constitutional defects, which clarify the way for the constitutional judge in his search for this defect, especially in light of the multiplicity of ways to prove it, which the constitutional judge originally inspired from the administrative judge in order to reveal this defect.