دور القضاء الدستوري في حماية سيادة القانون (دراسة مقارنة)

الباحث

سامي جبار حسون السلامي

المشرف

أ.د. علي يوسف الشكري

الجامعة

جامعة الكوفة

الكلية / القسم

القانون / القانون العام

الشهادة

دكتوراه

السنة

2022

لغة الرسالة

عربي

الكلمات المفتاحية

القضاء الدستوري;سيادة القانون;الرقابة على دستورية القوانين;المحكمة الاتحادية العليا

The policy of broad interpretation of the provisions of the Constitution followed by the constitutional judge resulted in the similarity between the solutions he reached and the solutions and principles “applied by other constitutional courts,” which “monitor the constitutionality of laws” in light of “general principles not” written in addition to written constitutional texts. Hence, we saw that the role of the constitutional judiciary is no longer limited to the apparent or explicit application of the text, but rather requires it to penetrate the depths of interpretations of many of the purposes, meanings, implications and preparatory work for legislation, as well as a constitutional bloc that contains the spirit and core of the constitution, then the application reality and the political, social and economic conditions come. Hence, this role transcends the limits of censorship in its traditional sense, and includes defining many of the contents and frameworks for many rights, freedoms, public duties and constitutional obligations; Which resulted in a fundamental and pivotal role for the constitutional judiciary, with its active contribution to transforming the texts of the constitution into a living and tangible reality, through which we can achieve a kind of balance between the constitutional text and its spirit and the conditions of the reality applied in it and its addressees, which results in the establishment of new advanced principles that are reflected in the building of the legal state and protection. Constitutional justice is not blindfolded justice, and “controlling the constitutionality of laws is not an or a mechanism arithmetic process” by which the text of the law is placed in opposition to the constitutional text, so it immediately shows the extent of congruence between them or the extent to which law violates the constitution provisions. The constitutional judge is the centerpiece of constitutional popular justice, and the constitutional judiciary takes its prestige from the prestige and sovereignty of the people, as the constitutional judge in various comparative countries plays a pivotal role that cannot be denied in the field of decision development and consequently the development of legal systems and constitutional concepts and the protection of the law and its state. He exercises a wide B discretionary and professional special authority in deriving the decision from the spirit of the constitution and from the core of the constitutional bloc. Accordingly, we can say that the constitutional judge constitutional judiciary cannot be considered an applied judiciary that automatically or merely applies the rule of the constitution to the facts presented to it. Rather, it has become imperative for the constitutional judge to come out of this framework in order to balance and maintain political, social and economic stability. It is the creative and literal role of the constitutional judge, which he must exercise and protect the law and thus preserve the rights and freedoms that have become subject to its rule or sovereignty, which represents the rule or sovereignty of the people.

طلب نسخة من الملف

الملفات غير منشورة على الموقع. اترك بياناتك وسيتواصل معك موظفو قسم الشؤون الثقافية والفنون لإرسال النسخة مجاناً.

الاسم

رقم الهاتف

البريد الإلكتروني

الغرض من الطلب (اختياري)

إرسال الطلب