Factors of Legislative Deviation in Arab and International Constitutions
- Author:
- Rashid Abd Hussein Hussein
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Ali Sadeqi
The idea of examining the causes of legislative deviation is one of the most important forms of sharia, because the defect of legislative deviation is mainly related to legislation and the supreme goal is the realization of public interest. With the defect of legislative deviation and defect of legislative deviation is one of the most serious legislative defects because the hidden defect is difficult to prove and it is in the intention of the legislator and the legislation is incomplete. Seemingly real and esoteric corruption and one of the most important tools that oblige the legislator to comply with the constitutional limits in making laws, judicial oversight with emphasis on the rule of law is a real and effective guarantee to protect the constitution from the arbitrariness of the legislature. In this research, the factors of legislative deviation from its theoretical, scientific and analytical aspects have been studied and by explaining several concepts of legislative deviation and its historical foundations in the Arabic and international constitutions, by explaining the criteria of legislative deviation and causes on the one hand and by Other than expressing the images of legislative deviation, cases, characteristics and the region in which the deviation occurs, the Legislative Council has the main role in explaining the role of various types of oversight and the Supreme Court because it is one of the most important constitutional tools in monitoring and guaranteeing. It is considered effective and real against legislative deviations. At the end of the research, we came up with a set of conclusions and recommendations that represent constitutional and legislative solutions, with the aim of creating root canals for legal deviations on the one hand, and explaining the reasons that compel the legislator. In order to divert and strengthen the role of judicial oversight of the work of the legislature by creating evidence and empowering it to repeal hidden laws that violate the constitution, and to strengthen the role of the Supreme Court in overseeing the constitutionality of laws, while giving the president The Republic allows the veto of laws that contain legal deviations.