سمو الدستور عن القوانين

Abstract

The research at the supremacy of the constitution in terms of subject matter and form. Substantive supremacy is that legal system which is based on the Constitution، it is the basis for any activity of the State because it is the supreme law، and therefore it is necessarily superior and higher to any other form of activity because it derives its legitimacy solely from the Constitution. The Constitution is the legal source of all powers and competencies، so these authorities cannot violate its provisions. As for the formal aspect، the codification of the Constitution in its subject matter and content requires logically that it be devoted in terms of form in this sense. The codification of the Constitution embodies its sanctity and the legal value associated with its provisions. Formality، although it has enabled the Constitution to preserve rights، does not constitute an element of it. That is، the principle of the supremacy of the Constitution does not produce its legal effect unless the Constitution achieves its formal superiority alongside substantive superiority. Therefore، while the general rule is that the principle of the supremacy of the Constitution prevails in the state،the implementation of this Constitution may be exceptionally suspended. This is limited to revolution or coup and in cases of necessity justifying the violation of the principle of the supremacy of the Constitution.