دور القضاء الدستوري في حماية مبدأ المساواة

Abstract EN

That this subject is of great importance because the principle of equality is only constitutional, approved by the constitutional documents, but we find that the heavenly legislations have been approved and affirmed, especially the Islamic Sharia in many of the Quranic states and the Noble Prophet's Hadiths, as well as the international conventions adopted for this is worthy of protection.

Through its control over legal legislation and its constitutionality in addition to the role of the judiciary The constitutionality in protecting the principle of equality does not depend on the existence of explicit legislative or constitutional provisions that endorse or affirm this principle.

The constitutional judiciary has a number of criteria that depend on it for the purpose of performing important tasks in protecting this principle, In this regard, the constitutional judge seeks to achieve equality through the elimination of forms of discrimination and the adoption of legislation that includes affirmative discrimination or compensation.

Legislation is justified in its preamble as a means of apologizing or atone for the mistakes of the past towards a minority or a certain group of individuals as well as a means of rehabilitation and reintegration of these minorities again in the society in order to achieve constitutional justice the desired equality.