عيب الانحراف التشريعي في مجال القضاء الدستوري

Abstract

^{The research into the defect of legislative deviation aims to shed light on the importance and seriousness of this defect, which affects the purpose of legislation and is difficult to diagnose, detect, and explain its effect. The constitutional judge must issue his ruling on the unconstitutionality of a legislative text if it becomes clear to him that the deviation is proven by the discretionary authority of the legislator, such that this deviation is the result of Regarding the complete clarity of the deviation of the contested legal text and the absence of any possibility of its constitutionality, this defect is difficult to prove, as it is not easy to attribute this defect to the legislative authority, which is supposed to be the most keen on observing the public interest and preserving the constitution, which places this defect in the category of precautionary defects in the field of constitutionality. The constitutional judiciary differs in how it addresses the defect of legislative deviation. In Egypt, the Egyptian constitutional judiciary announced that it confronted the defect of legislative deviation in many cases, and it now takes its place in judicial application, and the Supreme Constitutional Court applied it in several of its rulings. As for the Libyan constitutional judiciary, it did not address the defect of legislative deviation as such. Directly, but he investigated the controls that govern the discretionary power of the legislator, and if he violates them, he falls into the defect of legislative deviation...}