Legislation as an obstacle to the implementation of the rulings and decisions of the Supreme Constitutional Court

Document Type : Original Article

Author

Egyptian counsil of state

Abstract

The Supreme Constitutional Court alone has jurisdiction to consider disputes over the implementation of its rulings and decisions, aiming to remove obstacles that impede the flow of its effects, prevent the completion of its implementation, or restrict its scope, and to end all effects arising from it or resulting from it by eliminating the existence of those obstacles and their causes. Its successive judiciary has settled on considering legislation as one of the forms of those obstacles and subjecting it to its oversight,،However, on its way to exercising this oversight, it is strongly confronted with several questions, the most important of which is: Doesn't considering legislation an obstacle to implementing the rulings and decisions of the Supreme Constitutional Court open a back door to initiating the original lawsuit of unconstitutionality? In light of the Court Law which makes direct recourse to the court the only way to bring a dispute over implementation before it,the dispute over implementation, which is the subject of legislation, is the opposite side of the original lawsuit regarding its unconstitutionality. The court will also clash with the controls it had previously established for examining disputes over implementation in its rulings and decisions, foremost among which is that resorting to it with a dispute over implementation is the last resort. The study will attempt to answer these questions in

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