ولاية المحكة الدستورية العليا في تفسير التشريعات Jurisdiction of the Supreme Constitutional Court in the interpretation of legislation (Analytical, Comparative Study

صيام, محمد الهادي أسعد سعدي (2021) ولاية المحكة الدستورية العليا في تفسير التشريعات Jurisdiction of the Supreme Constitutional Court in the interpretation of legislation (Analytical, Comparative Study. Masters thesis, جامعة الاقصي.

Text رسالة ماجستير الموسومة بعنوان ولاية المحكمة الدستورية العليا في تفسير التشريعات دراسة تحليلية مقارنة إعداد الباحث محمد ال~1.pdf Download (3MB)

Abstract

The interpretative function is one of the initial stages of the application of the legal provisions contained therein; In view of the ambiguity and ambiguity of the legal texts, it is necessary to proceed with this mandate in order to evacuate it in order to arrive at and from the true will of the enacting authority; The authority of the constitutional judiciary remains the ideal forum for carrying out that task because of its impartiality, in addition to the fact that the interpretation process requires that the author be widely informed of different methods and tools of interpretation. Perhaps the main question addressed by this study is: What is the scope of the jurisdiction of the Supreme Constitutional Court to interpret legislation? This question has raised several questions, which have been addressed in the answer, and which have helped us to know the nature of the directives adopted by the Supreme Constitutional Courts of the Arab Republic of Egypt and Palestine during their consideration of requests for interpretation. Because of the importance of the interpretative jurisdiction of the Supreme Constitutional Court; The researcher prepared this study, in order to shed light on the role that the constitutional judiciary in particular plays in carrying out its mandate in interpreting legislation, by examining the jurisprudence of the constitutional judiciary in this regard, and this study aimed to identify the substantive and procedural provisions of the explanatory mandate And the provisions of the and the provisions of the interpretative decision. In this study, the researcher relied on the analytical and comparative approach, as he analyzed the relevant Palestinian legislation, and it was compared with the Egyptian legislation after the latter had been analyzed. The researcher decided to divide this study into three chapters. In the first chapter, he reviewed the substantive provisions of the jurisdiction of the Supreme Constitutional Court in interpreting legislation, and in the second chapter he reviewed the controls for accepting the request for interpretation and the procedures for adjudicating it. Finally, the decision regarding the request for interpretation and its implications was presented in Chapter Three. Finally; The researcher came up with several findings and recommendations, presented at the tail of this study, which were among the most important; First: The existence of legislative deficiencies in the legislation in question, including the failure to specify a certain period for which the Minister of Justice is obliged to submit a request for interpretation, secondly: The Palestinian Supreme Constitutional Court has sometimes gone beyond its interpretative mandate to make itself a legislator in the real sense. Accordingly, the most important recommendations would contribute to addressing that shortcoming; The need to establish a certain period of time within which a request for interpretation should be submitted to the Court by the Minister of Justice, as well as the need for judges of the Palestinian Supreme Constitutional Court to adhere to established schools and instruments of interpretation. Keywords: Supreme Constitutional Court, Interpretative mandate, Interpretation of legislation, A Request for Interpretation, Court guidance in interpretation, Effectiveness of an interpretative decision.

Actions (login required)

View Item