The impact of judicial constitutional court review of legislative omission on constitutional authoritarianism

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Abstract

This paper aims to provide an analysis of the impact of constitutional review on legislative omissions, their impact on constitutional authoritarianism by the Supreme Constitutional Court, and how constitutional review affects rights and freedoms, as well as the validity of legislation. The paper also aims to present the effects of constitutional review on the relationship between authorities
(Al-Dughili, 2018). In light of the principle of separation of powers, and the potential for tension between the judiciary and the legislature. The paper employs an analytical approach to examine judicial rulings issued by the Supreme Constitutional Court, aiming to determine the criteria for ruling on the unconstitutionality of legislative omissions, the extent of constitutional judicial intervention in the legislative process, and the potential repercussions of such rulings on all aspects. The paper reached several conclusions, the most important of which is that the Supreme Constitutional Court, with its authority to exercise constitutional oversight over legislative actions, can maintain legal security. However, constitutional judicial oversight over legislative omissions has some adverse effects, which are represented by tension in the relationship between the constitutional judiciary and the legislative authority, which may lead to exposing the powers of the constitutional judiciary to constitutional judicial oversight over legislative omissions to danger. It may also contribute to legislative tyranny and the seizure of legislative authority by the constitutional judiciary.

Keywords: Constitutional Court, Judicial Review, Constitutionality, Legislative Omission

Authors’ individual contribution: Conceptualization — K.S.A., R.R., H.S., and E.I.; Methodology — K.S.A., R.R., H.S., and E.I.; Writing — Original Draft — K.S.A., R.R., H.S., and E.I.; Writing — Review & Editing — K.S.A.; Supervision — K.S.A.; Project Administration — K.S.A.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K10, K15, K19, K24

Received: 11.03.2025
Revised: 27.06.2025; 10.09.2025; 19.11.2025
Accepted: 24.11.2025
Published online: 26.11.2025

How to cite this paper: Aboelazm, K. S., Raafat, R., Sharif, H., & Ibrahim, E. (2025). The impact of judicial constitutional court review of legislative omission on constitutional authoritarianism. Corporate Law & Governance Review, 7(4), 17–29. https://doi.org/10.22495/clgrv7i4p2