المعالجة القضائية للاغفال التشريعي

Abstract EN

The legislative authority is one of the constitutional institutions entrusted with the exercise of authority on behalf of the people.

One of its most important functions is the enactment of laws regulating various aspects of life.

It has the discretion to legislate at the time it deems appropriate and in the form it deems appropriate for the public interest.

This authority may sometimes fail to exercise its jurisdiction and neglect to issue some legislation Or issued in a deficient manner, which affects the exercise of the rights and freedoms enshrined in the Constitution.

Legislative omissions are the case when legislation is enacted by legislation, but this legislation is incomplete Which affects the constitutional rights and freedoms guaranteed to the citizen, faced with this dilemma emerged the role of the constitutional judiciary, trying to find space solutions to address such a situation These solutions were the disclosure rules in which the role of the judge on the mere disclosure of a constitutional flaw and the provisions of the guidance and in which he addresses the judge and the legislator and calls him an appeal to fill this omission, and the state of the host verdicts, in which the judge comes as a complement to the deficiency and the ruling The invalidity of the implicit legislative text that is contrary to the Constitution.