![]() | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص The Objectives If jurisprudence in the modern era is no longer an official source of the law, except that the importance of jurisprudence and its role in enriching legal life and its progression cannot be underestimated. The jurists first explain the laws issued by the legislator and clarify their meaning and set the conditions of their enforcement and discredit their rulings to reach the underlying wisdom behind their enforcement. Then they become concerned with analyzing laws, and they play this role by collecting laws and bringing them together. In the field of interpreting the constitutional rule, jurisprudence plays an important role in the way of extracting this rule from the beginning, as legislators listen to men of constitutional jurisprudence when they enact constitutions and listen to their directives in societies, founding committees and parliaments. Hence, constitutional texts are produced in this way as an embodiment of the opinions of men of jurisprudence and legalization of these opinions. According to the foregoing, it’s obvious that jurisprudence has become an interpretative source for the constitutional law, whereby the judiciary and all men of law refer to it. They reach enlightenment by their achievements, gain their invaluable knowledge, find hidden gems, benefit from their expertise in interpretation of constitutional texts, and enrich their legal culture with jurisprudence literature. Whenever the jurists agreed to something on a matter of constitutional issue, this had a great impact on them, just as the jurisprudential interpretation had a wide impact on the hearts of legislators. Many constitutional amendments come after the issuance of interpretations and jurisprudence explanations, just as the judicial interpretation without a doubt receives the utmost attention from the jurists, as they try, through the study of judicial rulings, to extract what the judiciary has settled in constitutional matters, which enriches the jurisprudence theories. Within the scope of the research, the aim is to present solutions before the judge so that he/ she can emerge from any conflict between two or more texts when he/ she decides on the disputes that fall within his/ her mandate, by highlighting what the French jurisprudence has referred to in this matter, as well as what the French Constitutional Council has concluded in disputes that gravitate by two or more texts, as stipulated within the French constitutional group. |