الانحــراف التشــريعي في المجال الجنائي دراسة نقدية لبعض الجوانب الموضوعية في قانون مکافحة الإرهاب94 لسنة 2015 | ||||
| مجلة الدراسات القانونية والاقتصادية | ||||
| Article 15, Volume 5, Issue 2, December 2019, Page 1-114 PDF (2.17 MB) | ||||
| Document Type: المقالة الأصلية | ||||
| DOI: 10.21608/jdl.2019.226119 | ||||
 View on SCiNiTO | ||||
| Author | ||||
| رزق سعد على | ||||
| مدرس القانون الجنائي کلية الحقوق – جامعة مدينة السادات | ||||
| Abstract | ||||
| Summary The Egyptian Legislative Authority is aware that terrorism and the state are in dispute over one spot, so to speak, either the state or terrorism/extremism shall occupy. Also it understands that it should take its time to consider this complex equation, so that it won't allow terrorists to take courage from the legal protection, or make use of the human rights protection to protect terrorism or extremism. In order to legally confront the phenomenon of terrorism, the Egyptian Legislative Authority issued Decree Law No.8/2015 on regulation of lists of terrorist entities and terrorists, followed by Decree Law No.94/2015 "Anti-Terrorism Law." When the legislative authority exercises jurisdiction in such serious issues, the constitution sets its work controls. Although the legislative authority enjoys ample freedom in exercising jurisdiction, its authority is not absolute. As the legislator adheres to the general rules and principles stated in the constitution, even if regarding which no special provision is made under the constitution. In this research, we try to show the extent to which the legal regulation for fighting terrorism under Decree Law No.94/2015, changed to become Law by approval of the Parliament, runs counter to the current 2014 constitution. And whether it's possible to consider the exceptional provisions the said law included as curtailment of rights and freedoms stated in the constitution and contradictory to the philosophy of constitution, which followed the uprising of people who believed in freedom and respect of human rights. In other words, is it possible to consider the law's prejudicing some rights and freedoms stated in the constitution as legislative deviation in the criminal field demands the attention of the Supreme Constitutional Court? | ||||
| Keywords | ||||
| Terrorism; Legislative Deviation; Supremacy of Constitution; Legislative Authority; Principle of Criminal Legality | ||||
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