Negative violation of the Constitution - a comparative study

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The negative violation is a real result of the development of judicial control over the constitutionality of laws, as the constitutional lawsuit was previously filed due to the lack of commitment of the competent person when dealing with one of the constitutional topics with the rules and principles imposed by the constitutional legislator, so the constitutional judge examines the compatibility of legislative texts with constitutional texts. As for the case of the ordinary legislator's refusal to regulate a particular subject, The constitutional legislator imposes on him a certain obligation to intervene and address it, or to regulate that subject, but its organization is incomplete or deficient, so these two cases fall within the scope of the discretion of the ordinary legislator, and the constitutional judge may not consider such topics. However, the development of political life has produced many practical problems that appear due to the negative violation committed by the competent person due to his refusal to organize A specific subject in which the constitutional legislator requires his intervention, or his omission to regulate a constitutional subject in a complete and undiminished manner, obliges the constitutional judiciary to develop, and extend its control over these two cases as a defect that requires removal and treatment.

Keywords