أشكال التعبير عن الإرادة في النصوص الدستورية المتضمنة الحقوق و الحريات و أثره على ضمانتها : دراسة مقارنة

الملخص EN

The study presents the problem of multiple method of expression in drafting constitutional legal rules related to the rights and freedoms of individuals, because the good constitutional rule simplifies the difficulties related to understanding and applying them, and spreading legitimate confidence in the legal system of the state, which results in protecting the legal framework in which individuals and state authorities interact alike the objective of the state of law.

The recherche revealed that the multiplicity of methods, and how to provide for rights and freedoms has two butt: the first hand is demonstrates the interest of the constitutional founder to the formal aspect of the constitutional text, and on the other hand the choice of drafting reflects the perception of scientific rules in the science and art of legal drafting, whish has technical justifications and is reflected on the value of rights and freedoms und on The extent of the country's commitment to it.

The study concluded that it is necessary to take care of the drafting of constitutional rules, because the constitutional rule has a pivotal value in the life of states, as it is the practical tool for transforming the rules into practical reality, through which the spirit of life is breathed into the constitution, which makes it a vibrant document in the reality of the living people.