Re-examining the constitutionality of texts in light of changing circumstances"A comparative analytical study of the provisions of the constitutional judiciary"

Document Type : Original Article

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Faculty of Law - Damietta University

Abstract

Examination of a constitutional case twice for the same legal or regulatory text is an exception to the general rule concerning of res judicata, it is not permissible to prejudice or undermine that authoritativeness. However, the emergence of new circumstances that affect the existing legal situation calls for the protection of the constitution itself. Since legal rules must keep pace with new legal or real conditions. Thus, the authority of constitutional judgements is not a challenge in keeping up with this development. The comparative constitutional judiciary, whether in France or the United States of America, tended to abandon its jurisprudence Concerning the adjudication of constitutional cases, whether by approving the constitutionality of the text or its unconstitutionality, the possibility of re-examining the constitutionality of the texts In light of changing legal or factual circumstances, Which may have developed after the judgment was issued in response to these changing circumstances.

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