الفهرس يوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
When the current Constitution of Egypt came out in 11 September 1971 for the first time in the history of constitutions, the Egyptian theme considering the supervision constitutionality of laws and lists as cited in Chapter V of Part IV under the title (the Supreme Constitutional Court) provisions for the establishment of such a court and its terms of reference and guarantees its members and the impact of government unconstitutional legislative text, in the manner prescribed by the law .
The Article (175) of the Constitution (The Constitutional Court Supreme exclusive control over the constitutionality of laws and regulations, and the interpretation of legislation, and in the manner set out in law,
The law shall determine the other powers of the court and regulate the procedures to be followed there .
Thus, the Constitution of Egypt, the current may take the system of judicial control over the constitutionality of laws and regulations and the establishment of the court to embrace succeeded in this dream haunted advocates of legitimacy and supremacy of the Constitution long ago, though this trend is not been given the satisfaction of others, and because over the control of the constitutional regulations
The law number (48) for the year 1979 determines the establishment of the Constitutional Court and the jurisdiction of that court in Articles (25), (26) as follows: -
a ) control over the constitutionality of laws and regulations .
b ) chapter in the conflict of jurisdiction to appoint the competent authority of the judicial bodies or agencies with jurisdiction
c ) chapter in the dispute over the implementation of the two conflicting final
d ) interpreting the provisions of laws passed by the legislature and the laws of decisions issued by the President .
However, what concerns us is the jurisdiction of the Court to ensure implementation of the Constitution, by not knowing the provisions of this regulation as the decisions of administrative
The Constitutional Court Supreme verification of conformity of laws with the provisions of the Constitution, whether issued by the legislature or by referendum legislation.
where instincts laws passed by the latter method of such control, and giving it a referendum feature which does not make them immune to correct the defect marred by non-constitutional The agreement of the people on those laws are not graduating from the framework of the constitutional authority as the people of the legislative function in the scope of the provisions which her a of the Constitution, if those who differ from whose behavior fraught with unconstitutionality, and is subject to the following for the control of that court, and not in the sources of authority or limit of jurisdiction or lack of sovereignty, but application of the principle of legality and the supremacy of the Constitution, referendum, which is being pursuant to Article (152) of the Constitution may not be that as an excuse to waste or breach of the provisions of the Constitution and the principles of popular consent to certain proposed in the referendum does not live up to these principles to the rank of constitutional provisions which may not be amended except in accordance with the special procedures that are enshrined in the Constitution.
the Administrative Court used this view with regard to their control on the administrative determinations issued by the application of Article (74) of the Constitution (2) September 1981, was a national referendum in (10) September of that year, for the rule of the session (22) December where it said ”does not alter this result consent of the people on these decisions, because the role of the people in a poll for these decisions is the role of political, expressed approval or disapproval not to be taken, does not change the role of the legal nature or legitimacy, if the people approved the procedures has been approved as is