اختصاص المحكمة الدستورية البحرينية في حماية الحقوق و الحريات العامة

Abstract EN

In this study, we discussed the role of the Bahraini Constitutional Court in the protection of public rights and freedoms by explaining the constitutional grounds upon which the Court has carried out this jurisdiction and reviewing the most important provisions it has issued in the field of public rights and freedoms.

The Constitution, as has become clear to us, stipulates in Article 31 that the legislation governing individual rights should not affect or detract from the essence of these rights.

Based on this provision, the Court has played an effective role in protecting public rights and freedoms through monitoring the legislation regulating individual rights and making sure that such legislation does not violate or detract from the essence of these rights.

To this end, the court has equalized between the interests of the group on the one hand and individual rights on the other.

In other words, the court did not overcome individual rights at the expense of group interests and vice versa.

It rather reconciled between the two sides, as much as possible, without affecting or detracting from the essence of these rights.