دور القاضي الدستوري في الاصلاح التشريعي

Author

الخالدي، ليلى حنتوش ناجي

Source

مجلة الكوفة للعلوم القانونية و السياسية : مجلة علمية محكمة

Publisher

University of Kufa Faculty of Law

Publication Date

2018-04-30

Country of Publication

Iraq

No. of Pages

15

Main Subjects

Law

Topics

• Law
• Law reform
• Delegation of authority
• Italy
• France
• Constitutional reform
• Appeal of judgments

English Abstract

The role of the constitutional judge in the legislative reform is reflected in his role in interpretation, in the performance of his constitutional powers, in particular the supervision of the constitutionality of laws or the aim of the constitutional judge to reduce the provisions of unconstitutionality through his role in addressing the ambiguity and legislative limitations of legal texts, The judicial interpretation in addition to which the Italian Constitutional Court was the leading role in this field followed by the French Constitutional Council and the Egyptian Constitutional Court but according to specific rules and specific scope.

The constitutional judge is also in the role of reformist legislation challenged constitutional and developed in front of him to the judicial interpretation of substitution, which aims to raise as part of the violation of the Constitution of the law challenged constitutional and replaced by another more in agreement with the Constitution, but all without departing from the meaning and content of the basic text of the law especially And that the process of constitutional interpretation does not confuse the text and the rule because the text precedes the process of interpretation and rule is the product of the process of interpretation, which aims to give the text meaning and so the rule is the text of the interpreter or the fruit of interpretation and rule is normalized Vim After that , The constitutional judge in this role is keen on the discretionary power of the legislator.

He respects the legislator's will and does not contradict it in his interpretation.

Rather, he aims to reduce the scope of the unconstitutional provisions of the legal texts contested by its constitutionality.

In this regard, we have applied the legislative reform role of the constitutional judge in the context of the constitutional provisions of the Italian Constitutional Court, which is credited with laying the foundations of this role, as well as the French Constitutional Council

Data Type

Conference Papers

Record ID

BIM-833349

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