الحقوق والحريات الأساسية ودور القضاء الدستوري العربي في حمايتها

Abstract

The term human rights represents a holistic vision of the total freedoms and rights that man should enjoy in its various manifestations, as a social or political existence. In this sense, the concept of rights and freedoms is closer to the political field than to the legal field. Thus, these rights lose all judicial guarantee, and are merely natural rights with national dimensions, and these are called general rights and freedoms. That is because the general rights and freedoms are natural rights that stem from the nature of man and exist for man and live with him. In order to preserve the rights of individuals, the constitution must tend to quantitatively restrict the texts in favor of guarantees of citizens' rights and freedoms at the expense of organizing the state's powers, which ultimately leads to a qualitative change in the concept of the constitution in terms of making it a charter of rights and freedoms, and this requires a constitutional judiciary that preserves these texts and confirms their meaning.