Compatibility Control in the Judiciary of the Constitutional Chamber

تعليق على حكم المحكمة العليا في قضية الطعن الدستوري رقم 5/70

Abstract

The power granted to the legislator to legislate is summarized in two restricted powers and a discretionary power, and it is illogical for the constitutional judge to exercise control of one nature over these two different powers. If the constitutional judge is permitted to exercise control of legitimacy over the restricted power, then the door must be opened for control of competence over the discretionary power.

Based on the fact that power by its nature tends towards deviation, and there is no authority immune from judicial control, and that the constitutional judge is the trustee of respecting the application of the provisions of the constitution, and he alone has the final say in interpreting its provisions and determining their content; our Supreme Court expanded its control over the competence to issue the challenged legislation in the current circumstances in Constitutional Appeal No. 5/70 Q, and concluded that the transitional phase does not require this, nor does the country's circumstances dictate it, nor does it require the management of the lives of individuals and institutions, and therefore it does not achieve a current or potential interest in this period of time.

Keywords: Judicial control over the constitutionality of laws, constitutional judiciary, control over constitutional suitability