الــتــعــديل الــضـــمـــني للـــدستـــــور (دراسة مقارنة)

Implicit Amendment to the Constitution ( A comparative study (

Abstract

The Constitutional Court plays an important role in addressing the problems that arise in the Constitution; due to the failure of its texts to keep pace with them, as it contributes to preserving the supremacy of the constitutional document and protecting the rights and freedoms of individuals, setting the necessary limit for the work of the authorities on the basis of the general principle that exists in the Constitution (the principle of separation of powers) through interpreting those texts and confronting the laws that violate the Constitution issued by the authorities, considering it the highest authority in the Constitution, so it goes to interpret some texts with a broad interpretation, creating through it new principles and rules that keep pace with the developments and changes that accompany society, seeking to preserve the Constitution as it expresses the aspirations and orientations of the people. The Federal Court works as much as possible to make the texts of the Constitution consistent with reality to address the problems that, if neglected, lead to a lack of respect for the principle of constitutional legitimacy, which makes the lower rule like the higher rule. Therefore, the role of the Federal Supreme Court came from others in preserving it due to the powers granted to it in the Constitution.
To shed light on this topic and clarify its various axes, we have chosen to research it; To clarify the authority of the Federal Supreme Court and its role in implicitly amending constitutional texts that are flawed or associated with legislative omissions, by reviewing some decisions of the Constitutional Court (Federal Supreme Court) that implicitly amended constitutional texts, comparing that with foreign constitutions.

Hence, we decided to divide the thesis into three chapters. The first chapter sheds light on the conceptual framework of implicit amendment of the constitution, while the second chapter of this thesis revolves around the provisions related to implicit amendment of the constitution. As for the last chapter, we devoted it to the effects resulting from implicit amendment of the constitution.