The Legislative Role of the Constitutional Judiciary in Monitoring Negligence of Enacting ( A study in Iraqi Law And Egyptian Law)

Doi:https://doi.org/10.37940/JRLS.2023.4.2.6

Abstract

  The legislator is obligated not to refrain from enacting specific legislation that the Constitution obligated him to approve and enact. It is also obligated not to overlook or neglect any aspect of the legal regulation, without them the regulation cannot be completed in accordance with the constitutional mandate. Otherwise, this is considered a negative position on the part of the legislator in violation of the Constitution, and must be eliminated by The Constitutional Courts declared it unconstitutional, and the basis for this is the supremacy of the constitution over all legislation, whether from a substantive or formal standpoint.

The principle of the supremacy of the constitution is a basic guarantee of the principle of legality, but this principle itself needs a guarantee to be respected and not violated. This guarantee is oversight of the constitutionality of laws, including oversight of legislative negligence. It is the effective means of confirming this supremacy and preventing issuing any legislation that contradicts the constitution, and invalidating any that conflict with its provisions or the legislator neglecting its role in legislating legal rules, and thus preserving the principle of legality. Otherwise, the principle of the supremacy of the constitution would become a slogan without content and a word far from any content.

Therefore, the legislative role of the constitutional judiciary through oversight of legislation is represented by constitutional oversight of legislative omission, and the negative jurisdiction of the legislator in the judiciary of the constitutional courts of both Iraq and Egypt. This requires Knowing of legislative negligence and negative jurisdiction of the legislator, and presenting the constitutional foundations for oversight over them.