الآليات القانونية لرقابة السلطة التشريعية على عمل السلطة التنفيذية في ظل دستور 1989 و التعديلات اللاحقة عليه

Abstract

The Means are the original Technical Term in the Fundamentalist Studies; ruled by the Jurisprudents & the fundamentalists’ scholars in both schools « school of Theologians and Hanafites » tended especially by them on what the practice of duty or banned matter, for it is obligatory to leave it. Also their usage signifies what is the reached thing after a context use which is limited to the Bug Measurement, and others. A number of Likes, Isotopes and Jurisprudence Maxims’ Scientists also used the term Means linking it to the topic of Fundamentals. The legal sense of the Duty is the given order and what is forbidden legally. The research approach is the establishment of Means Theory; across the Fundamentalist Advanced Thought, in order to obtain a theory in Islamic Legislation ties between the rules and the Means and the Legal Fundamentals; including the context of “General Theory for Fundamentals in the Islamic Legislation” where the Means were considered as its basis, further formed its rules and its building’s roots on which the Theory of Fundamentality constructed later will show the fruits of these rules and their aims, either in a partial or total vision; even the total vision is adopted in the study of purposes of the Islamic Legislation, for this the centrality and laxity of the Means in the Fundamentality research following its existing areas. The Research-Paper urges to reach due to the Means’ Theory to admit it as an analytical tool can contribute in downloading the legal rules on the designated doers; that’s why (the research-paper) considered this theory and the actions as its inputs and the legal rules as its outputs, the latter express the Means’ Contexts and its work sphere; thus it states a base indicated in the Islamic Legislation” non-vinegar fact contain a legal law about it”. According to the two last concepts “ as two terms”, we find the first of them is related to Jurisprudent impact resulted from the action “Verdict”( i.e the Jurisprudences’ Sections), but the rule belongs to the Fundamentality research despite “ the Designated Did” refers to the Principals of Jurisprudence’s research as well – the result of the action and its verdict, it means: the fruit of doing and the verdicts that are the goals and purposes expected in the Legislation’s Totality; then its validity in any time and place. Through the previous analysis, the report stresses on the Islamic Legislation Fundamentals so that there is a response about the call for separation between Science of Jurisprudence Fundamentals and the objectives of the Islamic Legislation. If the separation is built on the independent identity of each science on what this study disagree; because it is not possible to divide them sothat; the rules depend on the Fundamentals and the latter are based on them, meaning the various spheres of acts serve a specific field like: family, economy and politics. It is more near to totality than to partiality arriving to abstraction closed to objectives and to interests that the legislation’s globalism and unqualifiedly. قانون