Les garanties des droits dans les constitutions des pays arabes

Abstract : The events that took place recently in some Arab countries since the end of 2011 showed the legal shortcomings in these countries with regard to the legal texts governing the rights and their constitutional and judicial guarantees. These events also showed the need to strengthen the guarantees of the rights set forth in the constitutional texts, the need to develop mechanisms to ensure respect by all. This has prompted several countries to make constitutional reforms or rewrite new constitutions in order to respond to popular demands. To understand the situation of rights and their guarantees in Arab constitutions, it is necessary to study, as a first step, the normative guarantees of rights. The objective is to examine the constitutional existence of the rights in the States because even before questioning their contents and their effective guarantee, one must already make sure that they are indeed legal norms. The principle of the separation of powers, which is one of the pillars of the rule of law, deserves to be examined in the Arab countries as an inseparable element of the guarantees of rights in the Constitution. In a second step, the role of the Arab judge in the protection of rights should be highlighted because the proclamation of rights alone is not enough to guarantee the rights against the threats against them, but let him be protected. It is therefore the judge who has the power to find violations of the rule of law and, if necessary, to punish them in order to ensure respect for the law. In this context, two types of judicial sanctions can be envisaged, by the constitutional judge and the judicial judge
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Theses
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http://docnum.univ-lorraine.fr/ulprive/DDOC_T_2018_0214_ACHOURI.pdf
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https://hal.univ-lorraine.fr/tel-02088101
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Submitted on : Tuesday, April 2, 2019 - 3:34:09 PM
Last modification on : Wednesday, April 3, 2019 - 1:58:40 AM

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  • HAL Id : tel-02088101, version 1

Citation

Faraj Achouri. Les garanties des droits dans les constitutions des pays arabes. Droit. Université de Lorraine, 2018. Français. ⟨NNT : 2018LORR0214⟩. ⟨tel-02088101⟩

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