الدعوى الدستورية الاحتياطية كآلية لحماية الحقوق و الحريات الأساسية : دراسة مقارنة

الملخص EN

The subject of fundamental rights and liberties is one of the topics that have shed a great deal of ink, as these latter are one of the basic pillars of the state of law and The latest findings of the Western liberalism when organizing the relationship of the state to the individual.

In view of the importance of fundamental rights and liberties, the contemporary legislations have adopted a special tool to strengthen the protection of these rights and liberties which is The precautionary constitutional lawsuit that we aim to shed the light on through this study in each of the German, Swiss, and Austrian experiences, and in particular in the Spanish experience; in a way that serves the transfer of foreign expertise in the field of protecting fundamental rights and liberties in our Arab systems.

Adopting the precautionary constitutional lawsuit in constitutional systems, effectively leads to the constitutional protection of fundamental rights and liberties by restricting the competences of the state's public authorities, especially the legislator's discretionary authority, and this is due to its procedural and objective dimensions that are not present in other constitutional monitoring methods.