أثر الإغفال التشريعي في مبدأ سمو الدستور : (دراسة مقارنة)‎

Abstract EN

The term “legislative omission” is one of the relatively recent terms that jurisprudence has not been able to touch sufficiently to agree on defining its meaning or content despite the constitutional judiciary facing it.

Legislative omission is achieved if the legislator, on the occasion of his regulation of one of the topics mentioned in the constitution, neglects one of its aspects, which may lead to the limitation of The effectiveness of the subject matter of regulation on the one hand, and the violation of one or some of the constitutional texts on the other hand.

The detail of this is that if the legislator intervenes, in implementation of the rule of the constitution, to organize a specific subject of its subjects, then his intervention must be integrated in its aspects, activating all the constitutional guarantees for this subject, so that if the legislator neglects one of its aspects that the organization is not complete without it, this would reduce the constitutional guarantees of this The matter is unconstitutional.