Priority Question of Constitutionality in the French Legislation “A Comparative Study with The Egyptian Legal System”

Document Type : Original Article

Author

Judge at the State Council. Graduated from Faculty of Law - English section - Mansoura University.

Abstract

The French constitutional legislator followed the system of previous control over the constitutionality of laws, but this oversight did not achieve its intended purpose, as the French citizen for a long time was deprived of effective means to ensure the protection of his rights and freedoms from unconstitutional legislative texts. Therefore, the legislator amended the constitution on July 23, 2008, in accordance with the constitutional legislation No. 724 of 2008; To do subsequent constitutional oversight in addition to the previous monitoring.

The Egyptian legal system differs from its French counterpart in this regard. Whereas the original in the latter is the system of prior control over the constitutionality of laws, which began to be implemented since the issuance of the French Constitution of 1958 AD, and the system of subsequent control was not decided until 2008 AD, but in Egypt the system of post-constitutional monitoring is considered as the original, and it represents the system of previous control. An exception was implemented in 2005, and then this censorship was canceled according to the current constitution.

We have devoted this study to discussing everything related to the primary constitutional issue in the French system, as compared to the system of unconstitutionality in Egyptian law, whenever possible.

Based on the above, we have chosen to divide our current study into two topics, followed by a conclusion, which we include a summary of our findings and recommendations, as follows:
1) The legal nature of the primary constitutional issue and the controls for raising it.
2) The scope of application of the primary constitutional issue.
Conclusion.

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