Towards a Constitutional Supervision on Legislative Negligence
摘要
In this study, we will delve into the projected role of the Constitutional Court in supervising legislative negligence, even if there is no specific provision granting it such authority. The study is divided into two primary sections: the first section will examine how the Constitutional Court oversees legislative Negligence, while the second section will explore how changes in governance circumstances occur after a finding of unconstitutionality and their subsequent effects. To analyze this topic, we will utilize a descriptive method to examine both Jordanian and Egyptian constitutional texts. Additionally, we will employ an analytical approach to interpret these texts in conjunction with relevant judicial decisions. Moreover, the study utilizes a comparative approach to highlight the differing stances of the legislative and judicial bodies in Jordan and Egypt regarding the matter being investigated. In light of the findings, it is inferred that the Jordanian constitutional law does not bestow upon the Constitutional Court the power to monitor any negligence in legislation, leading to a shortfall in fulfilling their constitutionally mandated responsibilities by both authorities. Consequently, it is suggested that an amendment be made to Article 4 of the Constitutional Court Law, incorporating the following statement: “Supervision over the implementation of constitutional provisions pertaining to legislative enactments.”