مجلة الحقوق والحريات
Volume 8, Numéro 1, Pages 102-121

Refferal System For Submitting Unconstitutionality Of Laws And Its Application_ A Comparative Study.

Authors : Safi Hamza .

Abstract

Most of the comparative systems have adopted the principle of the unconstitutionality of laws as one of the basic mechanisms of individuals for the protection of the rights and freedoms guaranteed by the constitution, where the consequences of activating the mechanism to address the violations and breaches that may be committed by the legislator toward those rights and freedoms, which deprives individuals subject to exercise them in accordance with the approved by them to the Constitution of the Foundations and controls. The introduction of such a mechanism is required in a range of conditions and procedures that should be met for the health of the process, perhaps the most prominent issue of assignment, i.e. how the constitutional oversight bodies in the case where the constitutional separation, there is the adoption of a mechanism for direct referral by the Court subject to these actors,the constitutional control, there is the indirect reference to this constitutional body.

Keywords

The parties to the case ; Legislative provision ; Refer indirectly ; filtering ; Raise submitting