سلطة القضاء الدستوري في حماية المدد الواردة في الدستور (دراسة مقارنة)

The power of the constitutional judiciary to protect the durations mentioned in the constitution ( Comparative Study )

As the constitutional legislator guarantees the provisions of the constitution for certain periods, but it is intended to protect the principles and provisions contained in these texts by the necessity of carrying out the constitutional procedure, action or disposition or exercising constitutional powers during the period specified for him in the constitution, given that the period contained in the constitutional text is the boundary between Adherence to the constitution and constitutional breach, or between constitutional legality or not, but these periods do not achieve the constitutional legislator’s goal in protecting the provisions of the constitution unless the period itself is protected, which is achieved through the constitutional judiciary, with its authority to protect constitutional provisions and principles. He possesses the authority in the constitutional judiciary and the authority to interpret the provisions of the constitution. The constitutional legislator may entrust him with other tasks related to the protection of the constitution. On the occasion of the constitutional judiciary’s exercise of these competencies, he achieves the protection of the terms stipulated in the constitution by issuing final and binding rulings for all authorities.
The protection of the terms is achieved in two ways, either by requesting the protection of these periods directly, as the subject of the constitutional or interpretative case is the protection of the periods contained in the constitution, or the protection of the provisions and principles of the constitution and on this occasion, the constitutional judiciary may exercise protection for the periods contained in the constitutional texts that bear those principles and required provisions protected from constitutional court.
The constitutional judiciary does not achieve this protection for the terms mentioned in the constitution easily and easily, as it may resort to different explanatory means for this and take multiple approaches with the intention of invoking the will of the constitutional legislator from the terms and the possibility of applying them to different facts, and uses in all of this the explanatory means and methods that it finds Consistent with the intent and purpose of the constitutional legislator, and in a manner that is consistent with the reality and the new circumstance in a way that makes the constitutional text adaptable to all the circumstances and conditions the country is going through and applicable at all times in a way that makes the constitutional text a living tool in the hands of the constitutional interpreter capable of keeping pace with the development of society.