الرقابة الدستورية على الانحراف التشريعي الغائي السلبي – دراسة في أحكام القضاء الدستوري في مصر ونماذج من التشريع القطري

Abstract

This research is taken from a doctoral dissertation entitled “Constitutional control of the Purpose of Legislation: An Analytical Study between Egypt and Qatar.” It addresses the issue of constitutional control over the defect of negative teleological deviation, whether in the form of legislative omission or in the form of evasion of jurisdiction.

The problem arises when legislation is issued neglecting some aspects whose omission would result in wasting the goals that the constitution requires to be achieved, or when the legislator relinquishes his jurisdiction to legislate to another authority, neglecting the constitutional goals of entrusting the regulation of this subject to him. In both cases, constitutional control over negative teleological deviation comes to address this. matter.

The research reviewed many rulings of the constitutional judiciary in Egypt and then deduced the principles it reached in this regard. It also examined many models of Qatari legislation that are suspected of falling into negative teleological deviation. The study concluded with several results, the most important of which are: that the Supreme Court in Egypt did not reject censorship. Constitutionalism on the legislative omission, and the Supreme Constitutional Court has already exercised its jurisdiction to constitutionally monitor the negative teleological deviation in many of its rulings. The research showed examples in Qatari legislation that require intervention by the legislator to avoid neglect of constitutional goals.