طبيعة الدعوى الدستورية في القضاء الدستوري: دراسة مقارنة

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

fe57f185-b6ea-4b85-b208-22b7dae72a89

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

pdf text

أسماء الملفات

2307448_1.pdf

بيانات النشر

ترجمة العنوان

NATURE OF THE CONSTITUTIONAL CASE: Comparative Study

ألقاب المؤلفين

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اللغة

Arabic

المصدر والدورية

اسم المصدر

طبيعة الدعوى الدستورية في القضاء الدستوري: دراسة مقارنة

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

The Constitution is the fundamental basis upon which the legal system in any country; as it ranks top in the legal regulation, and contains texts of the provisions that include the basic components of society economically, politically and socially, to be determined under which the rights and freedoms enjoyed by individuals. And the growing role and importance of constitutional rules in modern states must take its provisions an aura of sanctity to prevent any one from trying to prejudice it, whether this prejudice by the individuals or the State institutions and powers of the ruling, therefore, found the Constitutional Court, which has become preoccupied with trying to strengthen the pillars of the country's respect for the law through respect the rules of the Constitution. As the Constitutional Court, like any judicial system can not involve itself in conflicts automatically, but must be related to any dispute through legal channels, so the constitutional motion is the only legal channel, which enables the judiciary through constitutional intervention in conflicts of a constitutional character. As the most important bjurisdiction exercised by the Constitutional Court at the moment is the control of the constitutionality of legislation, the constitutional case is the legal means that enables the judiciary to impose such control in addition to being the real guarantee for individuals and institutions to ensure respect for the provisions of the Constitution by the various State authorities. This study sheds light on the nature of this case and what distinguishes it from lawsuits and other legal consideration before the ordinary courts and administrative support. It can highlight the legal nature of the special constitutional proceedings by clarifying the concept of year, trying to limit the definition of a comprehensive constitutional claim, and then stand on the most important distinctive characteristics in general and access to get to know the legal basis to it. Must also stand on the basic tenets of the constitutional claim that can not be the case that the failure of one of these Elements. Note also that the picture is the most important constitutional case underscores the special nature, in addition to explain the mechanism by which the proceedings crelate to the Constitutional Court is competent on other grounds, while sometimes addressed by the judge automatically at other times. And may be independent of the grounds immediately if allowed by the constitutional order. Among other things that distinguish a constitutional motion, which highlights the legal nature of their own conditions of acceptance before the courts as it is characterized by special conditions are different from the normal conditions of admissibility of the case. It also said that the judge does not comply with the constitutional demands listed in the newspaper as is the case originally in the General Procedures Act, but addressed to examine the constitutional violations that occurred in the legislative text that is contested by either the formal or substantive irregularities. Finally, to rule on the case and raised the constitutional authority of a special distinctive and different from the constitutional system to another. All of the above distinguishes the case of constitutional and gives her the nature of the special legal case apart from the ordinary judicial or even administrative one

إشراف وإعداد

الإشراف

عواد عباس الحردان

الإعداد

عبد الحليم قاسم محمد العبيدي

الاقتباسات الببليوغرافية