The control on the constitutionality of laws, one of the most important guarantees
that reinforce the principle of the Constitution as the source highess the ultimate and
the highest for all legal activities in the state. highess the Constitution a
s it becomes
the principle of illusory if there is no body in the state holds control over the
Compatibility with the legislative acts of brokerage Constitution In order to achieve
this purpose, the Constitution of 1973 established the Supreme Constitutional Court
and entrusted with the presidency of the exercise of the job, which was keen to adopt
the Constitution of 2012, with his quest to expand the role of the court in the exercise
of this power will try this research highlight the role of this Court through a
comparative study between the constitutions of 1973 and 2012 by analysing of
constitutional provisions governing the control exercised by the Supreme
Constitutional Court in the Syrian Arab Republic. ...
In Confirmation of the principle of the Highness of the Constitution and its
maintenance, the constitutional legislator granted_ in the Constitution of 2012_ the
Supreme Constitutional Court Jurisdiction to monitor the constitutionality of laws
in
the State. If it is proved to the court that the law violates the Constitution, the
court will cancel what was contrary to its provisions.
This makes the Supreme Constitutional Court, the legal guardian of the legitimacy
of the State.
Therefore it may seem strange to research on the constitutionality of the law of the
Supreme Constitutional Court, which is the court competent to determine the
constitutionality of all laws in the country if the constitutionality had been
challenged before. However, this is soon to be dissipated if we knew the mechanism
to appeal the constitutionality of laws that require objection from the President or a
fifth of the Parliament on the constitutionality of a law before promulgating, or the
objection of a fifth of the parliament on the constitutionality of legislative decree
within a period of fifteen days following the date of it's display on the Parliament or
through referral thurst of unconstitutionality by the court headmistress in the
appeal, If the appeal turns out to be serious . This is a mechanism that may not be
realized due to lack of proportion of the fifth of the Parliament which is needed to
move the intercept members of parliament or as a result of omissions of the normal
legislator to pay attention to the existence of a constitutional violation law in the first
place
Hence the importance of this research in which it will aim to highlight the violations
that have occurred in the Constitutional Court Act.
On this basis, it is hoped to alert legislators to the need to amend the law on the
Supreme Constitutional Court as it is not reasonable that the law of the Supreme
Constitutional Court Is faulted with unconstitutionality
