أثر اليمين الدستورية في حماية حقوق الإنسان و حرياته العامة : دراسة مقارنة

الملخص EN

Constitutional Oath often stated out in the core of the constitutions.

As the Constitution determines what is a binding within the texts that included.

Generally, transferring the texts from the abstract level into the level of reality and being embodied actually is a course stained by a lot of difficulties and obstacles.

Although, countries have constitutions and laws that acknowledge and ensure the protection of human rights and freedoms, but there is a lot of ignorance and disregard or violation for many of these rights and freedoms in many countries of the world.

Especially, if we know that the human rights' statue in a country is usually associated with the political system.

As duality of power and freedom is rooted deeply since the emergence of power.

Accordingly, the research's problem, (The impact of the constitutional oath In the protection of human rights and public freedoms), is not targeting a deep research on the being of constitutional oath but it is trying to find kind of a correlation between such oath and the protection of human rights and public freedoms.

Through analyzing constitutional oath content including the maintenance and the protection of rights and freedoms from one side and their conformity with what is fixed in the morals of human rights in another side.

By identifying the obligations imposed on the oath performer and explaining the legal consequences in the event of violating one's oath in terms of this part of the oath voice.

In order to upgrade the constitutional oath and to overcome the difficulties of its application.

By means of highlighting strengths and using them appropriately, revealing weaknesses and diagnosis them and finding appropriate solutions to put them on the right course qualified to be an effective way to maintain and protect human rights and public freedoms