مجال رقابة محكمة الدستورية على اعمال رئيس الجمهورية وفق التعديل الدستوري سنة 2020

Abstract

"This memorandum examines the scope of the Constitutional Court's oversight of the President of the Republic's actions under the 2020 Constitution. It analyzes the nature and limits of constitutional review over the President's legislative, regulatory, and exceptional powers, with the aim of ensuring constitutional supremacy and maintaining the balance of powers. The study is divided into two chapters: the first outlines the constitutional framework governing presidential powers and the institutional structure of the Constitutional Court, while the second examines the Court's prior and subsequent constitutional review of laws, presidential ordinances, and exceptional presidential powers. The study concludes that the establishment of the Constitutional Court under the 2020 Constitution marks a significant shift from the politically oriented review exercised by the former Constitutional Council to a judicial model of constitutional oversight. This development has strengthened the protection of constitutional rights and freedoms and reinforced the principle of constitutional legality. The memorandum recommends enhancing the Court's institutional independence, clarifying constitutional review standards, strengthening the mechanism of constitutional complaint (plea of unconstitutionality), and expanding judicial oversight to encompass a broader range of presidential actions."