بحث محكّم · 2025

The impact of judicial constitutional court review of legislative omission on constitutional authoritarianism

Karem Sayed Aboelazm, Raghda Raafat, Hanadi Sharif, Emad Ibrahim

Corporate Law & Governance Review, 7(4), 17 · Virtus Interpress

الملخص

This paper aims to provide an analysis of the impact of constitutional review on legislative omissions, their impact on constitutional authoritarianism by the Supreme Constitutional Court, and how constitutional review affects rights and freedoms, as well as the validity of legislation. The paper also aims to present the effects of constitutional review on the relationship between authorities (Al-Dughili, 2018). In light of the principle of separation of powers, and the potential for tension between the judiciary and the legislature. The paper employs an analytical approach to examine judicial rulings issued by the Supreme Constitutional Court, aiming to determine the criteria for ruling on the unconstitutionality of legislative omissions, the extent of constitutional judicial intervention in the legislative process, and the potential repercussions of such rulings on all aspects. The paper reached several conclusions, the most important of which is that the Supreme Constitutional Court, with its authority to exercise constitutional oversight over legislative actions, can maintain legal security. However, constitutional judicial oversight over legislative omissions has some adverse effects, which are represented by tension in the relationship between the constitutional judiciary and the legislative authority, which may lead to exposing the powers of the constitutional judiciary to constitutional judicial oversight over legislative omissions to danger. It may also contribute to legislative tyranny and the seizure of legislative authority by the constitutional judiciary.

كيف تستشهد بهذا البحث

Aboelazm, K. S., Raafat, R., Sharif, H., & Ibrahim, E. (2025). The impact of judicial constitutional court review of legislative omission on constitutional authoritarianism. Corporate Law & Governance Review, 7(4). https://doi.org/10.22495/clgrv7i4p2

DOI: 10.22495/clgrv7i4p2

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