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Constitutional Law

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United Arab Emirates University

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Constitutional Regulations Of Liberties And Fundamental Right S Apr 2021

Constitutional Regulations Of Liberties And Fundamental Right S

UAEU Law Journal

Human rights has been safeguarded through several means (e.g. political, judicial, legal). Constitution is one of the legal means to establish and protect basic human rights. A constitution lay down between an external party ( i.e. international covenants ) and an internal party ( i.e. national legislation ). It is important, therefore, to demonstrate the links among the three parties.

The prime question of this article is : what is the role of the constitution in regulating and safeguarding liberties and fundamental rights ? It will discuss this issue with especial reference to the practice in the Arab Countries.

The …


Constitutional Protection Of The Rights And Fundamental Freedoms, Eid Ah. Alhosban Mar 2021

Constitutional Protection Of The Rights And Fundamental Freedoms, Eid Ah. Alhosban

UAEU Law Journal

Due to the significance of this subject, and due to its marginal status in the Arabic systems compared to its central status in the Western constitutional systems, this study sheds light on its constitutional characteristics including its nature and system in order to ingrain it in the Arab Constitutional mind


Control As A Response Mechanism To The Variables Of The Constitutional Reality In The Maghreb Countries: Tunisia, Algeria And Morocco, Dr. Smaein Lebadi Jan 2021

Control As A Response Mechanism To The Variables Of The Constitutional Reality In The Maghreb Countries: Tunisia, Algeria And Morocco, Dr. Smaein Lebadi

UAEU Law Journal

In response to constitutional changes, and the tendency of the Maghreb countries to reinforce the rights and freedoms, constitutional monitoring has been incorporated through the exception mechanism of unconstitutionality of individuals, in the context of recent constitutional changes in the Maghreb countries: Tunisia, Algeria and Morocco. This mechanism, which is expected to be implemented in 2019 for the first time, although it is constitutionally prescribed, but the legislative texts organizing the mare different in terms of application which revolves between openness and tightening the rules in each of these countries .The Tunisian legislator has extended the scope of monitoring with …


Legal Security Considerations In The Provisions Of The Iraqi Constitutional Court: A Comparative Study, Nather Alqaisi Jan 2021

Legal Security Considerations In The Provisions Of The Iraqi Constitutional Court: A Comparative Study, Nather Alqaisi

UAEU Law Journal

The importance of monitoring the constitutionality of laws by establishing the foundations of the principle of legality and the protection of rights and freedoms relating to individuals, and when the constitutional judiciary exercise its function in the control of the constitutionality of laws, the provisions of the unconstitutional text of the law has been applied for a period of time and arranged the rights of individuals requires that the implementation of the provision impact Retroactive to the principle of legality, but the application of this concept to launch may lead to the absence of the principle of stability of legal …