lack of positive and passive jurisdiction in enacting laws

Abstract

The validity of the promulgation of laws passed by the legislature requires the verification of the compliance of the legislator with the rules established by the Constitution since the Constitutional Court generally supervises over the constitutionality of laws in all matters relating to the elements to be followed by the legislator in the process of promulgation of laws. For the first element, it is the element of jurisdiction since the failure of the legislator to comply with the rules of jurisdiction represents a flaw called a non-jurisdiction flaw, which takes two forms that are not third: the first form is the lack of positive jurisdiction which is demonstrated by the encroachment of Parliament upon the jurisdictions of another authority; that means a demolition of the most important principle of constitutional law, the principle of separation of authorities. For the second form, it is the lack of passive jurisdiction according to which Parliament will not exercise its jurisdictions established by the Constitution, thus adversely affecting the performance of public authorities and the rights and freedoms of individuals; this matter only happens in States with rigid constitutions which require special procedures for amending constitutions; these procedures differ in their strength and severity from those which are required to amend flexible constitutions.