التنظيم القانوني للرقابة الدستورية على الأنظمة والتعليمات: دراسة مقارنة

Abstract EN

Since regulations are defined as the legislation issued by the executive authority under the authorization of the constitution as a basic competence in certain circumstances and not a substitute for the legislative authority, accordingly the executive authority issues regulations without authorization from the latter, considering that the executive authority has the original competence to issue regulations or regulations and not the authority Legislative therefore sees the regulations (sub-legislation).

The exercise of this legislative power by the executive authority does not mean that this power is released to issue temporary legislation without being restricted by the limits and controls stipulated in the constitution.

So that it necessitates taking into account in all its actions a report on the principle of legality and the inclusion of the legal rules according to which the lower rule is subject to the higher rule in terms of form and content, and since these regulations affect the legal positions of individuals and may lead to a restriction of their freedoms, these regulations must be subject to oversight of their constitutionality.