Dr. Yehia Mohamed Morsi Al – Nemer
Assist. Prof. – Public Law – Kuwait International Law School

Abstract:

The purpose of this research is to study the modern judicial applications of the “Control of a Manifest Error of Assessment” in the control of the constitutionality of laws in the Supreme Court, the French Constitutional Council, and the constitutional judiciary in Egypt and Kuwait. The study identified the importance of monitoring this defect in the control of the constitutionality of the laws because it protects rights and freedoms and prevents the legislator from abusing his right to legislate. The defect of the manifest error in assessment is one of the defects of unconstitutionality, which differs from other defects, such as legislative deviation based on purpose, while the manifest error in assessment is attributed to the legislator’s assessment control over the legislative solution adopted in the law in question.
This study is an attempt to shed light on the constitutional problems raised by such control, and to outline the stages of the constitutional judiciary in the United States, France, Egypt and Kuwait regarding this control, in addition to discussing the recent judicial applications of such control on the promotion of the right to equality before the law, the development in the judiciary in this regard in the United States and France, and the extent to which these trends can be adopted in both the constitutional judiciary in Egypt and Kuwait, as well as to determine the controls and restrictions that the constitutional judge commits to when adopting these trends.
The study also highlighted the importance of controlling the manifest error in assessment regarding the requirement of legal legislation rationality, stating the historical origin of that requirement in the United States and how the Supreme Court expanded its use as a powerful weapon for further protection of rights and freedoms, stating the Constitutional Council’s position regarding the control of legislation rationality through controlling the manifest error in assessment, as well as discussing the applicability of those trends and their controls in both Egypt and Kuwait.
The importance of the study is that it deals with one of the important issues related to the constitutional judiciary and its role in the protection of rights and freedoms through the mechanism of the manifest error in the assessment and the position of the constitutional judiciary in the United States, France, Egypt and Kuwait to the use of this mechanism, as well as the controls of the constitutional judge when exercising this control, in order not to deprive the legislator from his public authority in regards to this assessment.
Key Words :
Judicial implementations, constitutional judiciary, manifest error in assessment, controlling the constitutionality of laws, protecting rights and freedoms.

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