نظرية الاختصاصات الضمنية بين دساتير الدول و دساتير المنظمات الدولية

Abstract EN

The theory of the implied specializations is a vital mechanism for constitutions, as it gives them flexibility to adapt to emerging situations in practice.

stems from the characteristic of superiority that characterizes the rules of the constitution compared to other legal texts.

this theory finds its origins first in the national constitutional jurisprudence of certain countries, in particular the united states of America, to through the case law of the American supreme court, then of the international court of justice came in 1949 in its famous advisory opinion relating to the reparation of damages suffered in the service of the united nations, the assassination of count Bernadotte, consecrate the theory of competences implicit in the constitutional provisions of the charter of the united nations to play a role e similar to that which it played in national constitutions.