تعليق على الحكم الصادر من المحكمة الدستورية في الطعن الانتخابي المقيد برقم (15)‎ لسنة 2021 بجلسة 14 مارس 2021 الخاص بإعلان بطلان عضوية أحد أعضاء مجلس الأمة

Abstract EN

In the aftermath of a final ruling issued by the Administrative Chamber of the Cassation Court, regarding the validity of Dr.

Badr Zayed Al-Dhahoum's candidacy for the National Assembly elections of the year 2020, affirming that the aforemen tioned validly fulfilled the required conditions for candidacy; the Constitutional Court ruled, in an electoral petition, to invalidate his membership on the basis of lacking one of the legally established candidacy conditions.

This ruling came in contradiction with the former verdict.

Also, it applied a legislation that had amended the voting condi tions by adding new cause to deprive the right of voting.

Such legislation was applied over the respondent in regard to an incident that had accrued before the law entered into force.

The legal debate raged over this ruling on a large scale as well as in the legal circles, and left a political crisis between the Government and Parliament upon how to deal with its effects, and revealed topics that deserve research and analysis.

This study aims to raise some questions in regard to this ruling and to stimulate ideas in an attempt to understand and evaluate the foundations on which such judgment was based.