دولة القانون الديمقراطية : إشكالية المفهوم و متطلبات الدسترة

Abstract EN

This study problematises the theoretical dialectic between the rule of law as a formal legal principle, and democracy as a political value.

Taking a fundamental legal approach, the paper builds a concept ofa constitutionalizable democratic state of rule of law, through which it is possible to overcome the constant tension in democracy between the authority of the majority in deciding the law, and individual rights and liberties.

It concludes that the rule of law does not mean the supremacy of law over individual rights, and democracy does not mean the rule of the majority only but that respect for individual rights and granting them a constitutional value are a preregister for institutionalizing the principle of a democratic rule of law.

However, the application of this principle, in practice, will be linked to the role of the constitutional judge in reconciling, through constitutional oversight, the power of the majority, which is embodied in the principle of the rule of law, and constitutional rights, which are the essence of the democratic principle.