Abstract
The Constitution is amended in two ways: the first is official following the procedures provided for in the Constitution, and the second is an informal amendment of the Constitution without following the formal procedures provided for in the constitutional document. Among the informal methods of amending the Constitution is the judicial interpretation where the constitutional judge exploits of the generality of the constitutional texts and their ambiguity and shortcomings in order to modify their meaning while keeping the form of the word unchanged by adding new meanings or replacing the existing meaning with a new meaning , The Constitutional Judge performs this task using interpretative or creative methods such as an integral interpretation, a developed interpretation, a broad interpretation or a metaphysical interpretation of constitutional texts in order to determine the meaning of the constitutional text and to define its content and scope in the light of changes in society. Thus, we concluded that the constitutional judiciary is an active partner in the constituent authority, which led to the development and expansion of the concept of this authority.
Recommended Citation
Obeidi, Dr. Essam Saeed
(2020)
"Amending the Constitution through Judicial Interpretation: A comparative study,"
UAEU Law Journal: Vol. 2020:
No.
81, Article 4.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2020/iss81/4