الحماية الدستورية و القانونية لأعمال الضبط الإداري في الكويت و دول المقارنة

Abstract EN

The constitutional and legal limitation of freedoms has imposed on the powers of administrative control restrictions in favor of freedoms that do not deviate from them except under exceptional circumstances.

The controlling authority for this task.

This is on the one hand, and on the other hand, the constitution may not refer to a freedom and refer it to legislation to set its controls, and here the legislator is obliged to crystallize these directives and fit them with the existing legal system, and this approval is not enough for the legislator to take a negative attitude, but rather he must To intervene in a legislative organization in recognition of the appropriateness of legislative measures that guarantee the preservation of rights.

With regard to the different constitutional methods for determining public rights and freedoms, we find that they focused on three methods, the first of which is: recognition of public freedoms in the preamble or declaration document of the constitution, and the second: recognition of public freedoms in declarations of rights, and the third method is the recognition of public freedoms in the body of constitutions.

But if the constitution only refers to a certain freedom and refers it to legislation to set its controls -as we mentioned- then this requires that the legislation regulating freedom and controlling its limits, which aims mainly to define the framework and the framework of practice for both the authority and the individual, are some conditions, the most important of which is that the legislation regulating freedom is based on It is based on the support and guarantee of freedom, and that the legislation regulating freedom should establish guarantees of freedom.