المحكمة الدستورية ليس أمامها خيار غير ابطال المرسوم

لست خبير قانون ولكني أريد مناقشة دستورية مرسوم الصوت الواحد من الناحية المنطقية وكيف انه المفروض ان المحكمة الدستورية ليس لديها خيار آخر منطقيا غير قبول الطعن به.هل الحكومة تستطيع اصدار ما تشاء من مراسيم ضرورة في وقت حل المجلس أو عطلته تحت حجة انها هي من يقدر الضرورة؟ هل هناك اي حدود لذلك؟ تحصين المرسوم يعني نسف المؤسسة التشريعية واعطاء السلطة التفيذية الضوء الأخضر لتشريع ما تريد. كما قال النائب السابق أسامة الشاهين: “باجر اذا السلطة تبي اي قانون  ما مشاه المجلس، تحل المجلس او تنتظر عطلته ثم تصدر مرسوم ضرورة بالقانون”.

مبدأ فصل السلطات الثلاث يحتم ان من يشرع هو مجلس الأمة ومن ينفذ هو السلطة التفيذية ومن يقضي هي السلطة القضائية. اعطاء السلطة التفيذية صلاحية “تقدير الضرورة” كيفما تشاء معناه بالفعل نسف مبدأ فصل السلطات. لأنها كما قال أسامة الشاهين ستجد لها منفذ تستطيع من خلاله تشريع ما تريد من غير موافقة مجلس الأمة. بل الأمر يتعدى ذلك للوصول الى تشريع ما تريد حتى لو كان مخالف للدستور نفسه لأنها ببساطة تستطيع اصدار مرسوم ضرورة بحل المحكمة الدستورية نفسها!!! اليست لها صلاحية “تقدير الضرورة”، ما يمنعها اذن ان تدعي انه من “الضرورة” حل المحكمة الدستورية؟

المحكمة الدستورية بقبولها طعن الشعب بمرسوم الصوت الواحد لن تنتصر لارادة الأمة فقط، ولكنها ستنتصر لنفسها أولا. لذلك ليس للمحكمة الدستورية خيار غير قبول الطعن وابطال المرسوم.

فيصل مال الله

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