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Register a new userحول تفعيل دور المحكمة الدستورية العليا السورية دراسة مقارنة
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Damascus University ورقة بحثية
Publication date
2000
fields
Law
and research's language is
العربية
Authors
أحمد اسماعيل( باحث )
Created by
Shamra Editor
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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.
No English abstract
References used
د.عبد الغني بسيوني عبد الله-النظم السياسية والقانون الدستوري، بيروت ١٩٩٢
د. كمال غالي-مبادئ القانون الدستوري والنظم السياسية، جامعة دمشق 1985
د.محمد المجذوب، القانون الدستوري اللبناني، الدار الجامعية بيروت ١٩٩٨
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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.
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
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 search aim to shed light on the role of Human Capital as a
component of intellectual capital in activating the exploratory and
monitoring capacities as competitive dynamic capacities in the Syrian
private banks and to achieve the objectives of the research.
In this study the researcher evaluates the role of mutual funds activation at
Damascus Stock Exchange and hence national economy. So that mutual funds could
achieve investment role more efficient and less risk. But if there are loose in the
contro
l, governance and transparency over mutual funds, it could jeopardize small
financial institutions to termination, could be transferred to money collectors, and
interest conflicts could be exaggerated. Therefore, Damascus Stock Exchange should
strength its control and issues the necessary rules concerning transparency,
governance, control, and interest conflicts.
Researcher accomplishes this research through theoretical studies of accounting and
finance literature concerning mutual funds, and by preparing questioner, and
analyzing it through well known statistical methods. We have received variety of
conclusions the most important are
Establishing mutual funds at Syria could activate Damascus Stock Exchange and as
a result activate national economy
It is very important for Damascus Stock Exchange to issue the necessary rules
concerning transparency, governance, trade, management fees, interest conflicts,
and so on.
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