The Scope of Constitutional Control of Laws on the Basis of General Unwritten Legal Principles A Comparative Study

Abstract

Undoubtedly, the constitution is the supreme law in the state, which is overarching from other laws, except that it (i.e. the constitution) is, eventually, a man-made legislation ,therefore, it would not be reasonable to fully cover all disputes, consequently, the judge will find a solution for the dispute which is presented to him in the case of a lack of legislation, and this solution is found by the judge contributes to the establishment of a legal rule if it would be taken by other courts, where this rule is called general legal principles. The position of jurisprudence, has differed in the countries, which is addressed the comparison in terms of the possibility of ruling on the constitutionality or the unconstitutionality of the impugned law as unconstitutional based upon the general unwritten legal principles. The research addressed the basis of the general unwritten legal principles and their mandatory status, and the research also presented the position of these legal principles in the countries such as, France, the United States of America, Egypt and Iraq, and the research shed light the hierarchy of the general unwritten legal principles, as well as the research enhanced some decisions connected to the topic in comparative system. Finally, the research completed with the most important results which were achieved and the recommendations that extracted from the scope of constitutional control of laws on the basis of general unwritten legal principles according to what the researcher deems.