The Role of The Legislative Authority in Oversight of The Pre-Legislative Stage: A Comparative Study Between Iraq and Egypt
- Author:
- Doaa Sadeq Hassan Hassan
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Ahmad Nejad Jorfi
The role of the legislative authority in oversight over the pre-legislative stage is one of the contemporary and necessary technical means necessary to ensure the proper enforcement of constitutional rules, especially if we note the lack of confidence in the ability of political oversight to achieve this goal. Hence, some comparative constitutions grant the judiciary the right to verify and investigate the extent to which laws violate the constitution. Hence the importance of studying the issue of the role of the legislative authority in oversight over the pre-legislative stage, a comparative study between Iraq and Egypt to show the extent to which constitutional supremacy is embodied in both countries, and the preservation of the constitution and its preservation of laws. The controls he imposed on himself so that this control would remain within its natural scope, so that it would not be excessive in its scope or fall short of understanding its requirements. It intervenes to solve the constitutional issue unless its intervention is necessary to settle the fundamental disagreement related to it in the reasons for the legal texts that he approved, or to discuss how to implement them or the appropriateness of their issuance. It is always accompanied by a danger that requires high accuracy in dealing with it, because it involves exposure to judgment on the actions of the legislative authority that represents the general will, as well as the dangerous legal and political effects that may result from ruling the unconstitutionality of the law, on the one hand, and on the other hand, the authority Censorship is also liable to be affected by political deviation so that political considerations in its rulings dominate the comparison process between the constitutional text and legislation, even if it tries to wrap its analysis, interpretation and comparison with the cover of abstract legal justification. In order to avoid a clash with the legislative authority and give priority to political considerations in the comparison process conducted by the supervisory authority, the constitutional judiciary in the various comparative systems ended up placing self-restrictions on its authority to control the constitutionality of laws from an objective point of view. The importance of the research in what it deals with is to identify the oversight of the constitutionality of laws, their approach, the images governing them, and the oversight by the Constitutional Court and the Federal Supreme Court. One of the most important findings of the research is that the oversight of the constitutionality of laws is the real manifestation of the protection of legitimacy, as it ensures that the public authorities are restricted by the rules of the law. To uphold constitutional legitimacy and waste legislative texts to the extent that they are inconsistent with the provisions of the Constitution.