The role of the constitutional judiciary in confronting legislative neglect (A comparative study)

Abstract

Abstract/ The constitutional judiciary plays a prominent and important role in protecting the constitutional order and ensuring the supremacy of the Constitution through mechanisms for monitoring the constitutionality of laws and regulations. In this context, there is the problem of legislative omissions which may lead to an imbalance in the State's legal system when a legislator fails to regulate what should be regulated or fails to include the necessary provisions to ensure the protection of fundamental rights and freedoms. The risk of legislative omissions may be aggravated when they violate the rights enshrined in the Constitution or violate constitutional principles, such as the principle of equality and justice The role of the constitutional judiciary is highlighted by the need to intervene, within its competence, to remedy this legislative omission by directing the legislative authority to remedy it or to render unconstitutional a provision tainted by the flawed omission, which is described as one of the most recent aspects of oversight of the actions of the legislative authority and a means of ensuring a balance between public authorities in the State and the protection of fundamental rights and freedoms. The aim of this paper is to shed light on the concept of legislative omission, explain its types and distinguish it from legal concepts that may be similar to it, and to review the position of Constitutional jurisdiction of legislative omission, identifying its implications, and ways to address them with some experience of comparative systems towards this delicate constitutional legal phenomenon.