إجراءات الدفع بعدم الدستورية أمام مجلس الدولة والمحاكم الإدارية

Abstract EN

Exception of unconstitutionality is regarded as a new mechanism updated by the constitution founder within constitution of 2016, highlighted by constitution of November 2020 in provisions of article 135 thereof.

in order to proceed with an exception of unconstitutionality, constitutional court is to be notified when one of the trial parties appearing before a jurisdiction claims that the legislative and regulatory text on which the disputed money depends violates the rights and liberties the constitution ensures.

that will not happen unless higher jurisdictions either council of state or supreme court, which are considerd as the second sieve after the first one, I.E.

the lower jurisdictions, send the record to constitutional council which in turn, makes its final decison over the contitutionality or uncostitutionality of the said text.

the exception of unconstitutionality granted to individuals just as granted to the rest of institutions constitutes a fundamental guarantee of rights and liberties for the sake of building a state of law.