الرقابة على دستورية القوانين وتطبيقاتها في جمهورية القمر المتحدة: دراسة مقارنة

Abstract

The monitoring on constitutionality of the laws consider as one of the most important legal guarantees that guarantee the protection of rights and freedoms as it aims to prevent the issuance of legal texts contrary to the Constitution and is a means of protecting him from any attack or violation of this in addition to the purpose of establishing and establishing the principle of the supremacy of the Constitution over other texts . So that constitutional rules occupy the highest position in the hierarchical hierarchy of the legal system is one of the principles established in the legal systems or decisions of the public authorities of the State. Hence, this study (the control of the constitutionality of laws and their applications in the United Republic of Comoros - a comparative study) provides an analysis of the control of the constitutionality of the laws and their applications in the Comoros in all its legal, political, theoretical and practical aspects. A clear picture adopted by the constitutional law of the lunar constitution in the control process, and stand on the models of these systems to ensure the effectiveness of this oversight and quality, and the first section of the basics of research, while the second section of the concept of control in terms of language and in the form Legal and legitimate, through ways that control the constitutionality of laws and origins and evolution, highlighting the perspective of legitimate control over the constitutionality of laws through the sources of constitutional rules and methods of such control in Islamic jurisprudence. The third chapter dealt with the definition of the Republic of the Comoros in terms of location, area and population, its political system before and after independence, and the origins of its legislative system before and after independence, where it was not normal. The existence of weak constitutional and political institutions, as well as the failure of the political elite to build a modern national state based on establishing democracy and not showing consensus in resolving the Egyptian issues of the country, which led to the change of the unified state system to the federal state system. The fourth chapter focuses on the applications of monitoring the constitutionality of the laws in the Republic of the Comoros, where he highlighted the stages of monitoring the constitutionality of the laws of the Comoros since its inception, ie, during the first constitutions after independence, as well as through temporary constitutions, The constitutional law was adopted by the constitutional legislator, and the political control of the islands has been exercised since independence until 2001, where judicial control has been exercised and enforced since then. This period focused on the comparative study of constitutional control between the United Comoros and certain constitutional regimes, namely France, the United States of America, the Arab Republic of Egypt and the republic of sudan. where he explained the composition of the body concerned with constitutional oversight in terms of the number of its members, And the constitutional and legal guarantees they enjoy in the exercise of their powers, indicating the methods and procedures before the regulatory body and the provisions issued therefrom and the implications thereof, pointing to the points of agreement between these constitutional systems The most important of which is the idea of establishing and establishing the Constitutional Court, which is responsible for monitoring the constitutionality of the laws, their guarantees and competences, as well as the implications of the decisions issued therefrom. Before the courts of those regimes, so the difference or agreement of these constitutional systems with the constitutional system of the lunar is the result of the political circumstances in which they arose, each system seeks to find ways and means to establish the principle of constitutional control and The principle of the supremacy of the constitution is in order to reach a state of law capable of protecting the rights and public freedoms of individuals.