Please use this identifier to cite or link to this item:
Title: دور الرقابة على دستورية القوانين في ارساء دولة القانون
Other Titles: The Role Of Constitutional Checks And Ballances In Entrenching A State Of Law: A Comparative Study
Authors: Abdelmounaem Benahmed
Halfia Zahia
Keywords: A State of Law,
Constitutionality of Laws,
Judicial supervision,
Political checks and balances,
Sovereignty of Law.
Issue Date: Dec-2018
Publisher: Universiti Sains Islam Malaysia
Abstract: Constitution is the basic Law of a state due to its formality and objectivity, and because of the way it is constitutionally codified on one hand and entrenched on the other hand; that which could be achieved through a Constituent Assembly or referendum or the combination of both. On the substantive aspect, constitutional checks and balances deal with the form of the state, system of government, state authorities and the relationship existing between them, as well as its relationship with individual rights and freedoms. Hence, given the nature of the Constitution as the highest law in the state, it must be the first reference to the other branches of laws which emanated from it. In order to guarantee an effective constitutionality of laws through constitutional checks and balances, attempt is made in this paper to address the various types of constitutional checks and balances as well as its role in establishing a state entrenched with the rule of Law, either by means of constitutional censorship or nullification or abrogation. The outcome of this research, therefore, confirms these tools of checks and balances as effective means of entrenching a state of law.
Description: Malaysian Journal of Syariah and Law (MJSL) MJSL - Volume 8, No.2, December 2018
Appears in Collections:MJSL, Vol. 8, No.2, Disember 2018

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.