Manifestations of the Influence Between Constitutional Judiciary and the Legislative and Executive Powers: (A Comparative Study)

Abstract

The attempt to reinforce the independence of constitutional judiciary in various constitutions around the world, and to distance it from the dominance and interference of other authorities — far from partisan and political conflicts necessitates emphasizing that the constitution is the supreme ruler and no authority stands above itو This is a natural principle rooted in the supremacy of the constitution, whereby the constitution always contains provisions that support the independence of constitutional judiciary. However, it must be understood that this independence does not mean severing the relationship entirely between the constitutional judiciary and other institutions within the state, particularly given that the state is viewed as a single political entity with one authority — the state authority — and all institutions exercising state functions are gathered under one umbrella, as if they were members of a single family, and the relationship between them cannot be permanently severed. If the relationship between the authorities were to be cut off, it could lead to the paralysis of the state. Therefore, a relationship must exist, though this relationship may involve interventions through various means, especially with regard to the constitutional judiciary, which is considered the inevitable guardian of the highest legal document in the state. This document regulates all authorities and defines the limits of their functions, which must not be exceeded  otherwise, the role of the constitutional judiciary comes into play as the body competent to protect the constitution. There exists a sound relationship between the constitutional judiciary and both the legislative and executive authorities, and this is evident from several aspects; however, this relationship sometimes transforms into an overlap between these bodies in certain matters.