The condition of interest in accepting the constitutional lawsuit(a comparative study)
DOI:
https://doi.org/10.64184/ajlps.V3.I2.Y2026.253-269.316Keywords:
Interest, Constitutional Case, Constitutional Court, Judicial Review of Laws, LegitimacyAbstract
This research examines the concept of the interest requirement in constitutional cases. The interest requirement is one of the most important procedural conditions for the admissibility of constitutional cases in comparative legal systems, as it represents the tool that defines the scope of individuals' and entities' right to resort to constitutional courts. This research aims to study the legitimacy of the interest requirement and its impact on the admissibility of constitutional cases, through a comparison of four Arab legal systems: Egypt, Jordan, Morocco, and Iraq. The research addresses the theoretical framework of the interest concept and the legal basis for its legitimacy. It then reviews practical applications in these systems, analyzing judicial and jurisprudential trends in expanding or narrowing its definition. The research concludes that the interest requirement represents a fundamental guarantee for achieving a balance between protecting individual rights and respecting the principle of separation of powers. Furthermore, the modern judicial trend leans towards a controlled expansion of the interest concept, thereby strengthening effective constitutional oversight to protect public rights and freedoms.
References
References
First - Books
1. Dr. Mohamed Kamel Leila, Constitutional Judiciary and the Principle of Constitutional Supremacy, Dar Al-Nahda Al-Arabiya, Cairo, 2018.
2. Dr. Mohamed Abdel-Ghani, Constitutional Lawsuits and the Concept of Interest Therein, Egyptian Journal of Public Law, Issue 2, 2019.
3. Dr. Mohamed Fouad Abdel-Baqi, Constitutional Judiciary and Guarantees of Public Freedoms, Dar Al-Jami'a Al-Jadeeda, Alexandria, 2020.
4. Dr. Mohamed Fouad Abdel-Baqi, Constitutional Judiciary and Guarantees of Public Freedoms, Dar Al-Jami'a Al-Jadeeda, Alexandria, 2020.
5. Dr. Ahmed Abu Al-Wafa, The Theory of Lawsuits in the Code of Civil Procedure, Dar Al-Nahda Al-Arabiya, Cairo, 2014.
6. Dr. Anwar Sultan, The Comparative Constitutional Judicial System, Dar Al-Fikr Al-Arabi, Cairo, 2017.
7. Dr. Souad Fathi, The Separation of Powers in Contemporary Constitutional Thought, Dar Al-Fikr Al-Jami'i, 2012.
8. Dr. Sulaiman Al-Tamawi, The General Theory of Administrative Decisions and Judicial Oversight Thereof, Dar Al-Fikr Al-Arabi, 2005.
9. Dr. Abdul Ghani Basyouni Abdullah, The Egyptian Constitutional System, University Press, 2018.
10. Dr. Abdul Moneim Al-Badrawi, Introduction to the Study of Law – The Theory of Litigation and Evidence, University Press, 2016.
Second/ Research
1. Hassan Falih Hassan Al-Hashemi, The Constitutional Organization of Good Governance, Maysan Journal of Comparative Legal Studies, Issue (5), Volume 1, December 2021. https://doi.org/10.61266/mjcls.v1i5.83
2. Dr. Hussein Salman Sakr, The Limits of the Constitutional Judge's Authority in Urgent Disputes: A Comparative Study, Maysan Journal of Comparative Legal Studies, Issue (Thirteen), Volume 1, July 2025. https://doi.org/10.61266/mjcls.v1i1
3. Heba Abdel-Muttalib Al-Fadhli, Hamad Munshed Anad, The Plea of Unconstitutionality of Administrative Regulations Compared to the Plea of Their Illegitimacy in Light of Jordanian Legislation, Issue (5), Volume 1, 2021. https://doi.org/10.61266/mjcls.v1i5.84
Third/ Theses and Dissertations
1. Ibrahim Abdel-Salam Abdel-Qader, Interest in Constitutional Cases, PhD Dissertation, Cairo University, 2006.
2. Sundus Saleh Hussein, The Interest Requirement in Constitutional Cases, Master's Thesis, Al-Nahrain University, 2017.
3. Ali Fadel Al-Saadi, The Plea of Unconstitutionality, PhD Dissertation, University of Babylon, 2015.
Fourth/ judicial decisions
1. Ruling of the Supreme Constitutional Court of Egypt, Case No. 131 of Judicial Year 21 Constitutional Court, Session of March 3, 2001.
2. Judgment of the Egyptian Supreme Constitutional Court, Case No. 49 of Judicial Year 17 (Constitutional), Session of February 6, 1999.
3. Judgment of the Egyptian Supreme Constitutional Court, Case No. 7 of Judicial Year 15 (Constitutional), Session of May 6, 1995.
4. Judgment of the Iraqi Federal Supreme Court, Decision No. 20/Federal/2019, dated November 12, 2019.
5. Judgment of the Egyptian Supreme Constitutional Court, Case No. 153 of Judicial Year 26 (Constitutional), Session of November 4, 2006.
6. Egyptian Civil and Commercial Procedure Law No. 13 of 1968, Article (3).
7. Jordanian Constitutional Court Decision No. 1 of 2013, published in the Official Gazette, Issue No. 5202.
8. Jordanian Constitutional Court Decision No. 1 of 2013, published in the Official Gazette, Issue No. 5202.
9. Jordanian Constitutional Court Decision No. 6 of 2018, published in the Jordanian Official Gazette, Issue No. 5529.
10. Jordanian Constitutional Court Decision No. 6 of 2018, published in the Jordanian Official Gazette, Issue No. 5529.
11. Moroccan Constitutional Court Decision No. 75/19, issued on June 12, 2019, published in the Official Gazette, Issue No. 6780.
12. Moroccan Constitutional Court Decision No. 75/19, issued on June 12, 2019.
Fifth: Legislation
1. The Jordanian Constitution of 1952.
2. The Iraqi Constitution of 2005.
3. The amended Egyptian Constitution of 2019.
4 .The Moroccan Constitution of 2011.
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Ashur Journal of Legal and Political Sciences is issued by the Iraqi Association of Legal Sciences
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain Full copyright of their published article
Ashur Journal of Legal and Political Sciences applies the Creative Commons Attribution 4.0 International (CC BY 4.0) License to articles and other works we publish. If you submit your paper for publication by AJLPS, you agree to have the CC BY 4.0 license applied to your work.
Articles can be read and shared for under the following conditions:
BY: Attribution must be given to the original source (Attribution)
Full details available at
https://creativecommons.org/licenses/by/4.0/
