Dr. Bahaaeddin Masoud Khwaira
Assistant Professor of Constitutional Law
College of Law, Lusail University, Doha, Qatar

Abstract:

The present study provides a fundamentalist-philosophical reading, which examines, according to an in-depth analytical approach, the nature of the problems associated with the jurisdiction of constitutional courts to interpret constitutional texts by researching the basis for the jurisdiction of the constitutional judiciary in interpreting constitutional texts, and by discussing the extent of the impact of the phenomenon of political compatibility on the orientations of the constitutional judiciary, so that some ideas are launched regarding controlling the interpretation of constitutional texts. These are issues that center on a major problem represented by the constitutional judiciary exercising roles that include a departure from the original judicial role by engaging in political actions. Based on the fact that the constitutional judge will find himself compelled to discuss the suitability of the constitution for political, social, economic, and other conditions, which constitutes an assault on the original constitutional authority of drafting the constitution, including substituting the will of the judge for the will of the constitutional legislator himself.
Within this context, the objectives of the present study revolve around showing how the constitutional judge uses methods of interpretation while he is in the process of practicing the interpretation of the constitution independently of the consideration of constitutional issues. At the same time, he explores the areas affected by the Constitutional Court with the political orientations of the executive authority within the emergence of the phenomenon of constitutional courts› involvement in creating constitutional rules. This is a phenomenon that will be addressed with a fundamental analytical approach that takes a neutral and bold critical approach as its basis.
In conclusion, the study recommends finding a specific and disciplined constitutional formula that would give objectivity and rationality to the decisions of interpreting the constitution, so that in the future, we would reach a constitutionalizing of these two features in this delicate and sensitive field, by setting limits to the government›s powers, especially when it comes to the principle of separation of powers, establishing the rule of law, and protecting basic rights.

Key words: constitutions, constitutional interpretation, political compatibility, constitutional courts, living constitution theory.

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