تمكين العدالة الدستورية في اليمن

Abstract

This study aims to clarify the form of constitutional justice in Yemen, clarify how it is formed, reveal the nature of its functions and procedures, and shed light on the provisions of the Constitution of the Yemeni Arab Republic of 1970, the Yemeni Constitution currently in force in 1991, the legal texts on constitutional justice and the texts of the 2015 draft of the Federal Republic of Yemen; to draw the necessary reforms of constitutional justice through analysis, discussion and comparison of these texts, the study reached a number of conclusions, including the change in the form of constitutional justice; With the change in the constitutional stages experienced by Yemen, represented by the Yemeni Constitution in force in the Supreme Court, which is legally allocated in the Constitutional Chamber, which means the lack of independence of the current constitutional justice system from the ordinary justice system, which is reflected in the composition of its members currently represented by the President of the Supreme Court, his deputies and a number of heads of departments of this Court. they are subject to the same mechanism for appointing judges and their guarantees, and the law of the judiciary in force limited the functions and competencies of constitutional justice to only three posts, and the Yemeni legislator limited the methods of monitoring the constitutionality of laws, regulations and decisions to the methods of litigation initiated and payment, and did not address the methods of referral and confrontation. the Council of Representatives was given a pivotal role in the resolution of challenges to the validity of its membership and the prosecution of the holders of the positions of the supreme executive authority in the State, by submitting and referring to the Supreme Court as necessary. one of the main recommendations of the study was to review the form of constitutional justice in Yemen; By establishing a Constitutional Court, limiting the influence of the executive over the constitutional justice system and its judges, ensuring their independence, expanding the existing functions and competencies of constitutional justice, and adding to the remedies and referral to the remedies for challenging unconstitutionality provided for.