الدفع بعدم الدستورية أمام المحاكم اليمنية

Abstract

The Yemeni legislator—both constitutional and legal—has affirmed the principle of constitutional review of laws, either through filing an original claim before the Constitutional Chamber of the Supreme Court or by raising a defense of unconstitutionality before the court of merits. This study examines judicial review of constitutionality through the latter method, which Abstract

refers to the right of litigants to raise an objection before the court of merits against the constitutionality of a law or legal provision intended to be applied to the facts of the dispute. If the defense is deemed serious, it must then be referred to the Constitutional Chamber of the Supreme Court for adjudication. Otherwise, the court shall reject the defense and proceed with the original case.