جستجوی مقالات مرتبط با کلیدواژه "القانون المصری" در نشریات گروه "ادیان و عرفان"

Oversight of the constitutionality of laws is a crucial legal mechanism to uphold the supremacy of the Constitution and ensure its authority over other legal rules. It is a matter of utmost significance as it serves as the essential means to combat any potential abuse of legislative authority and to restore it within the confines of the Constitution. This study provides a descriptive, analytical, and comparative approach to answering the question: How can the state effectively monitor the constitutionality or legitimacy of laws? Based on this comparative study, we have concluded that oversight of constitutionality can be either political, when it is delegated to a political body, or judicial, when it is carried out by a judicial entity. Judicial oversight can occur both prior to the enactment of a law, as well as subsequent to its enactment. This oversight is exercised through original claims seeking to abolish a law, as well as through claims of unconstitutionality through abstention. The American experience in this field traces back to the landmark ruling of the Supreme Court of the United States in the case of Marbury v. Madison in 1803. In this ruling, the Court established its authority to refuse the implementation of legislation that it deemed incompatible with the Constitution. The Egyptian experience has witnessed significant development, particularly since the establishment of the Supreme Court in 1969. Those who closely follow the Court's rulings will notice that they bear resemblance, in many aspects, to the rulings of the American Supreme Court.