الواقع السياسي و أثره على فعالية القضاء الدستوري : دراسة مقارنة

Abstract EN

The success of constitutional oversight does not depend on being judicial or political oversight, as much as it depends on the validity of the political system and its acceptance of the idea of oversight itself.

its members have formed a conflict with it about their rights and freedoms.

the presence of the constitutional oversight body authorizes the transformation of the conflict from the political nature to the legal solutions that this body provides to its parties, so that their anger against the state does not turn into a revolution against it, but rather mediates between them, and itself reformulates the disputed issues, and refers its various features to legal points surrounding it, so the ruling issued in it will only end the existing tension.

judicial oversight on the constitutionality of laws is at the forefront of the technical means devised by constitutional science to protect the principle of legality.

and if constitutional oversight is so important, then, as the constitutional jurisprudence asserts, it is a double-edged sword, as it is that its best use and moderation in its practice is a basic manifestation of the rule of law, and an effective means of protecting rights and freedoms.

and the imposition of judicial guardianship over the legislative authority, then it turns into a dangerous shovel of the demolition of peaceful democracy.