السلطة التقديرية للمشرع في تنظيم الحقوق والحريات العامة حدها أحكام الدستور

Abstract

The discretionary power of the legislator is defined as the freedom to make comparisons between alternatives and objective options regarding the legislative organization that it aims to achieve, without the constitution imposing on the legislator a path in itself that he must follow or a specific directive that he must adhere to.

As long as the Constitution determines the jurisdiction of each of the three public authorities within the limits it sets for them, it prohibits each public authority from exercising the jurisdiction of another authority in application of the principle of separation of powers, so that the laws issued by the legislator are required not to contradict or violate the provisions of the Constitution. The Constitution in application of the principle of the supremacy of the rules of the Constitution within the principle of the hierarchy of legal rules.

Although the principle of the supremacy of the Constitution stipulates that the legislative authority, like other public authorities in the state, must be subject to the provisions of the Constitution and work within its framework, this does not mean that the legislative authority does not enjoy some freedom of discretion and choice while it is in the process of exercising its powers entrusted to it by the Constitution by enacting legislation, especially since the law As a tool for organizing public relations in society, it is affected by developments imposed by practical reality, and the legislation issued by the legislative authority must keep pace with developments and developments occurring in the areas of public life.