مضمُونُ السلطَةِ الاجتهَاديّة للقاضِي الدستُورِي (دراسة مقارنة)

Abstract

Legislations, in terms of its articles, are issued in violation of the constitution at times and ambiguous at other times. Between this violation and ambiguity, lies the jurisdiction of the constitutional judge. The ways to reliance to it vary from jurisdiction in assessing constitutionality. The constitutional judge imposes his control over the proportionality of the legislation in many cases, as it is one of the aspects of supervision over the discretion of the legislator. The constitutional judge has established many legal rules that are not specified in the constitutional document, or that the legislator neglected. The constitutional judge was qualified with interrogating many of the meanings and purposes of the legislative texts; that the constitutional judge, with his jurisprudence, works to preserve the constitutional principles and protect them from any violation, and to ensure a balance between constitutional legitimacy on the one hand, and the necessities that may surround the legislator when regulating rights from another side.