الرقابة الدستورية على الملاءمة في مجال الحقوق الدستورية

Abstract EN

The main aim of this research is to analyze the proportionality as a principle and as a systematic multi-level tool of control widely spread in the field of constitutional rights in particular.

The research seeks to emphasize that the control of proportionality is exceptional and that the most of the criticism targets it as a tool of control should not lead to refuse the proportionality as a principle in constitutional rights adjudication.

In this context, the search for objective and abstract criteria for rationalizing control and limiting subjectivity in the assessing of the competing interests and rights would lead to an objective, rational and acceptable result of the examination in order to achieve the reconciliation between the guarantee of constitutional rights as principles with constitutional value and their protection, and respecting the discretion of the elected legislature and ensuring the supremacy of law.