المحكمة الدستورية

Abstract

The study highlighted that the Constitutional Council's transformation into a Constitutional Court under the 2020 Constitution has the effect of legalizing its work, which requires that its independence and the impartiality of its members must be guaranteed, so that its decisions can be trusted, but in view of their organization and, in particular, their composition, cannot be overemphasized. The Constitutional Court, in the exercise of its constitutional functions, in many cases finds itself taking two different positions. but contradictory to the same law, when it has issued an opinion on the constitutionality of a particular law And then, as a result of a litigation that is invoked as unconstitutional, which, as a result of emerging circumstances, turns out to be unconstitutional, It issued a resolution on its unconstitutionality, which seriously undermines the principle of legal security.