القيمة الدستورية لمبدأ العدالة الاجتماعية و الحماية القضائية له : دراسة تطبيقية مقارنة على الدساتير العربية الحديثة

الملخص EN

This article deals with the analysis and discussion over the protection enjoyed by the principle of social justice in the legal and judicial system in the country.

The idea of social justice has seen a positive development from an idea of a philosophical nature to a constitutional goal to a constitutional principle which requires the positive intervention of the state covered by judicial protection as well as the protection of constitutional justice.

This paper is a study of the values and options of activating the constitutional jurisdiction to expand destinations of notification in front of the Constitutional Council to decide if the law which touches one of the fundamental rights and freedoms is unconstitutional, and whether they are political, civil, social or economic rights.

The study concludes with the importance of constitutionalizing the principle of social justice in the constitutional drafting rules and clarifying them from ambiguity and relativity in the area devoted to basic social rights such as the right to work and the right to housing.

The study ends by proposing the necessity of activating judicial protection and expanding it when social or economic rights are violated; to avoid the internationalization of the right to justifiability in front of the international and regional courts to protect human rights.