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Illuminations on the constitutionality of the law of the Supreme Constitutional Court

إضاءات حول دستورية قانون المحكمة الدستورية العليا الصادر بالمرسوم التشريعي رقم ( 35 ) لعام 2012

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 Publication date 2014
  fields Law
and research's language is العربية
 Created by Shamra Editor




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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

References used
د. عبود السراج – شرح قانون العقوبات العام – منشورات جامعة دمشق –دمشق- 2014
منال مروان منجد – قانون العقوبات الخاص ( 2) – الجرائم الواقعة على أمن الدولة الخارجي . والداخلي –منشورات جامعة دمشق –دمشق- 2014
الدستور السوري لعام 2012
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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. ...
This paper seeks to compare how the administrative disputes are seen before the Supreme Constitutional Court in relating to allegation of a Non-constitutional law or regulation relates to adjudicate in the case seeing before the Administrative Cour t or the Supreme Administrative Court in Jordan and Egypt. Therefore, this study aims to highlight how the administrative disputes are seen before the Supreme Constitutional Court in relating to allegation of a Non-constitutional law or regulation relates to adjudicate in the case seeing before the Administrative Court or the Supreme Administrative Court. It is true that prior to the enacting of the Administrative Justice Act No. 27 of 2014 , the Jordanian legislator used to deal with the High Court of Justice as one of the special judicial authorities, which may raise the case of allegation of unconstitutionality directly, similar to the Court of Cassation. Unlike the substantive Court which sees the case, the Jordan legislator obliged it to raise the allegation of unconstitutionality to the Court of Cassation. The Court of Cassation will decide whether to raise the appeal of unconstitutionality or not. As for the Egyptian context, Egypt depends on the law of the State Council No. 48 of 1979. This law 1979 entrusted to Court of Administrative Justice Administrative Court and the Supreme Administrative Court to raise alleged unconstitutionality law directly to the Supreme Constitutional Court.
The aim of this research is to evaluate the rights of taxpayers in the Syrian tax legislation, especially the Income Tax Law No. (24) for the year 2003 and its amendments, and related laws. The evaluation process includes the availability of these ri ghts from a legislative point of view, on the other hand, to ensure the extent of their application in practice by the tax administration. A set of fundamental rights have been identified and agreed to by most tax systems, in addition to the statement of the Organization for Economic Cooperation and Development that has been adopted as a reference document in this field. These rights are the right to information, assistance, and listening, the right to appeal, the right to pay no more than the correct amount of tax, the right to certainty, the right to privacy, the right to confidentiality and confidentiality. The descriptive approach was mainly used in constructing the problem of this research and developing its hypotheses. In addition to using research tools such as personal interviews that included many employees in the tax administration, and access to some practical cases in that administration, in addition to the questionnaire that included a sample of taxpayer income. The data collected was analyzed using the SPSS statistical program and the Likert binary scale. The results of this research have shown that the Income Tax Law No. 24 of 2003 and other related laws have not explicitly, clearly and completely stipulated most of these rights, and their non-application by the tax administration. These rights are the right of the taxpayer to obtain information, assistance and listening, the right to certainty, the right of the taxpayer to pay no more than the correct amount of taxes, and the right to privacy. It also showed the important imbalance in the right to object, and stipulated the right to confidentiality only.
في هذه الدراسة التي تناولنا فيها تشكيل المحكمة و اختصاصاتها، و بعد ما يزيد عن ربع قرن على إنشائها، فقد انصب اهتمامنا على أهمية تعزيز و تفعيل دورها، و ذلك من خلال مقارنة هذا الدور مع دور المجلس الدستوري الفرنسي و اللبناني.
The general rule of responsibility in modern legislation is that every fault causes harm to others, oblige the perpetrator to make reparation. But the absolute application of this rule will cause reluctance of the judge's decision dictated by his conscience and will lead to the judge's preoccupation with his main work, which is the separation of disputes, to defend himself in the cases that may be raised by the opponents. However, the litigants can not be held accountable for their impartiality and their proper application of the law. Therefore, the legislator has given the litigants the right to hold the judge accountable through a case of dissent.

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