في الحاجة إلى الرقابة على دستورية المقررات القضائية : قراءة في تجارب بعض الدول

Abstract EN

This article aims to shed light on a topic that has not received much attention from Moroccan jurisprudence, which concerns the oversight of the constitutionality of judicial decisions.

It is inconceivable for the judiciary to remain immune from scrutiny by an independent body outside its own structure.

If the law only expresses the general will within the framework of the constitution, then judicial interpretation can only be a meaningful reflection of the law within the bounds of this constitution.

The establishment of a constitutional state does not stop at the constitutional control of certain legal principles but must also extend to subjecting judicial interpretation to constitutional oversight.

This study examines the experiences of some countries in this field and highlights some legal and practical justifications that necessitate the oversight of the constitutionality of judicial decisions.