الموازنة بين كتلتي المشروعية الدستورية ومبدأ القانونية: تحديات أم حلول أمام القضاء الدستوري والإداري

Abstract EN

The administrative and constitutional judge faces many of legal phenomena that are in the process of adapting the integrity of the legislative and regulatory texts, based on different references that some times lead to collisions for the reason of their non-hierarchicality, this means that it is not subject to the hierarchical of Kelsen, there is a difference in the adaptation between the absence of a written constitution (absence of a constitution / customary constitution) and its existence.

the laws creenis one of the most important problems raised, as well as the problems of the cas of "Untigone" and its results, between the hierarchy of Kelson and hierarchy inverted block of legitimacy.

this paper to examine the most important of these results and how to deal with the constitutional and administrative judge with the problems raised.