مبدأ تدرج القوانين كضمانة لنفاذ القاعدة الدستورية

Abstract EN

The application of the constitutional rule means, in constitutional and administrative laws, the executive force and form of the constitutional rule, that is, the executory force.

this application is the theoretical aspect and it is separated from the practical aspect of the constitutional rule, which is considered as material.

the guarantees of the application of the constitutional rule are numerous, including the principle of supremacy, the hierarchy, the constitutionality of laws and the principle of monitoring the constitutionality of laws.

however, the hierarchical principle is the principal guarantor of the application of the constitutional rule.

I.E.

subjecting individuals and public authorities to the constitutional rule first, then subjection to the rest of the laws of the rule of law.

thus, the hierarchical principle of laws as a guarantee of the application of the constitutional rule is connected to several other principles that cannot be separated from one another.