Abstract
Constitutional law is one of the prime judicial institutions that aim to ensure proper legislative policy; therefore, the focus of the work of constitutional judges is to control the work of the legislature to protect the Constitution, including rights and freedoms of individuals. To protect the work of the legislature from the results of the constitutional provisions, the law is always issued in conjunction with the constitutional presumption. This presumption is the most important safeguard that enhances the confidence of Parliament emanating, on the one hand, from the popular will of the people and on the other hand, it constitutes a basis for the functioning of constitutional judges, not to mention the fact that it eases the burden on the constitutional judge. Therefore, the constitutional presumption plays a prominent role in support of the Parliament, the stability of the constitutional institution and strengthens confidence in it. It also achieves a balance between the democratic principle and control of the constitutionality of laws.
Key words: constitutional jurisprudence, the presumption of constitutional, centralized and decentralized constitutional jurisprudence, constitutional complaint, referral, payment for unconstitutionality. Constitutional judicial error. Evidence in constitutional justice
Recommended Citation
Alhosban, Eid Ah.
(2011)
"The Constitutional Presumption as Basis for the Functioning of the Constitutional Judge,"
UAEU Law Journal: Vol. 2011:
No.
48, Article 3.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2011/iss48/3