الإغفال التشريعي وحدود رقابة القاضي الدستوري

Abstract EN

Avoiding complication in drafting legislative texts is one of the fundamental issues that must be taken care about.

Legal texts are not limited to their professional drafting, clarity, comprehensiveness and accessibility, but it reflects social needs first, and also depend on the realism of these legislations, and the possibility of acceptance and implementation these legislations.

Therefore, any neglect of a topic or a deficiency in it would make these legislations separate from reality and fall within the circle of legislative omission.

The study tried to identify the concept of legislative omission and distinguish it from other cases, the position of jurisprudence regarding it, and the reasons for the legislative omission that are due to the will of the legislator or are beyond his control.

This study indicated the limits of the constitutional judge when he undertakes the control of legislative omission, and the effects of legislative omission to regulate all aspects necessary for the effectiveness of public rights and freedoms for the individuals subject to regulation, which results from this omission from a legislative omission that weakens the constitutional guarantees established for the exercise of these rights, and the study focused on identifying The implication of the constitutional judge himself in addressing the omission of the legislator or alerting him to cases of omission in order to avoid them.