إضاءات حول دستورية قانون المحكمة الدستورية العليا الصادر بالمرسوم التشريعي رقم (35)‎ لعام 2012

Abstract EN

In Confirmation of the principle of the Highness of the Constitution and its maintenance, the constitutional legislator granted_ in the Constitution of 2012_ the Supreme Constitutional Court Jurisdiction to monitor the constitutionality of laws in the State.

If it is proved to the court that the law violates the Constitution, the court will cancel what was contrary to its provisions.

This makes the Supreme Constitutional Court, the legal guardian of the legitimacy of the State.

Therefore it may seem strange to research on the constitutionality of the law of the Supreme Constitutional Court, which is the court competent to determine the constitutionality of all laws in the country if the constitutionality had been challenged before.

However, this is soon to be dissipated if we knew the mechanism to appeal the constitutionality of laws that require objection from the President or a fifth of the Parliament on the constitutionality of a law before promulgating, or the objection of a fifth of the parliament on the constitutionality of legislative decree within a period of fifteen days following the date of it's display on the Parliament or through referral thurst of unconstitutionality by the court headmistress in the appeal, If the appeal turns out to be serious .

This is a mechanism that may not be realized due to lack of proportion of the fifth of the Parliament which is needed to move the intercept members of parliament or as a result of omissions of the normal legislator to pay attention to the existence of a constitutional violation law in the first place Hence the importance of this research in which it will aim to highlight the violations that have occurred in the Constitutional Court Act.

On this basis, it is hoped to alert legislators to the need to amend the law on the Supreme Constitutional Court as it is not reasonable that the law of the Supreme Constitutional Court Is faulted with unconstitutionality