The political Role of constitutional judiciary "Applied-Fundamental Study"

Abstract

The constitutional judiciary plays a political role whose influence increases day by day, as a result of the growing public awareness of its importance in contemporary democratic systems.

This is because the constitutional judge bases his work on the constitution’s texts, which are considered political texts par excellence, as they are a tool for organizing the legal and political life in the state with its various activities.

In addition to what the constitutional document contains of general principles and rules that are concise and may be ambiguous, which requires the constitutional judge to have special technical expertise that qualifies him to understand the constitutional and legal texts in a way that enables him to make diligence in interpreting them to meet their aims and objectives, taking into account the surrounding and influencing political, economic and social factors. What prompted some constitutional jurists to call the constitutional judiciary (political judiciary) in view of the political nature of the disputes in which it adjudicates, and the consequences of this role in establishing description constitutional legal rules that form part of the constitutional system of the state.

We will try through this research to shed light on the characteristics and justifications of this role, in an attempt to remove the ambiguity and banish the suspicion of politicization that may arise, when reading the title of this research.