الطبيعة الخاصة للنصوص الدستورية في مجال الحقوق الأساسية -دراسة مقارنة

Abstract

This study aims to determine the privacy of the constitutional provisions, in general, and those relating to fundamental rights and individual freedoms, in particular; and the implications of these privacy issues are sometimes of the impact of ambiguity in the constitutional texts, which allows the interpreter to the Constitutional Court to give more meaning useful and the adequacy of the constitutional text; and thus the stability of constitutional rules, on the system of fundamental rights, on the one hand. And may entail the problem of incompatibility between these texts and other constitutional provisions, which need to find appropriate criteria to solve this problem after the power is proven to be the ground rules in place to solve the problem of the apparent discrepancy between the other legal texts; because of the specificity of the constitutional provisions in the area of fundamental rights, on the other. The problems at other times, the democratic legitimacy enjoyed by the competent authority to ensure respect for these constitutional provisions by the ordinary legislature, which prompted the supporters of the theory of the sovereignty of Parliament to strip it of any kind of democratic legitimacy. Which were offset by a response from the supporters of the principle of the effectiveness of fundamental rights against the legislature, in particular, public authorities in general.