دور القضاء في تحريك الرقابة على دستورية القوانين

Abstract

To ensure respect for the provisions stated in constitutions, various countries have decided to monitor the constitutionality of laws. Many countries have tended to make the monitoring not automatic by the authority authorized to practice it, but rather the intervention of another body that is in charge of operating it. Hence, it is deduced that the dominant tendency of the current century is to enable the judiciary to take control over the constitutionality of laws, because of its independency that ensures that the monitoring is carried out with objectivity, unlike the legislature and executive authorities that control due to political considerations are empowered in the process of monitoring and taking control. To enable the judiciary to monitor the constitutionality of laws and control it, various constitutional systems stipulate legal mechanisms that enable it to do so. Laws empower individuals to appeal against legal texts considered to violate the Constitution to the competent judicial authorities for adjudication.