الازدواج التشريعي في الحماية القانونية للحقوق و الحريات : دراسة في ضوء أحكام الدستور و القانون الجنائي

الملخص EN

The Constitution is part of the legal system of the State and enjoys constitutional supremacy over the rest of the branches of law, which obligates it to adhere to the principle of the incorporation of legal rules in practice and the duty of the legislature to respect constitutionally established principles.

The Constitution is keen to state the general principles governing human rights and freedoms in all branches of the law and provide guarantees to prevent attacks, derogations or coup.

However, it focused on the principles contained in the Criminal Code.

This is in direct violation of the rights and liberties of individuals, both in its formal and substantive aspects.

Therefore, we find that most interests in this law are surrounded by two types of protection, Constitutional and legal, which would enhance the confidence of individuals in the authority of the state on the one hand, and strengthen and document the level of protection of public and private interests on the other.

Therefore, duplication of the legal protection of interests is, in our opinion, one of the characteristics of the legal state and one of the important means for the protection of rights and freedoms.