Principle of proportionality as a criterion for the process of restricting constitutional rights | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 8, Volume 8, issue 29 part 2, May 2019, Pages 230-271 PDF (803.44 K) | ||
| Author | ||
| Essam .S. Abdul Obeidi | ||
| Abstract | ||
| The proportionality, is a general principle of constitutional law and has a necessary connect in protecting the constitutional rights of the violation, the resort legislature to restrict these rights in the public interest, especially if we know that the legislature has discretionary authority to regulate the rights and freedoms, and that this power must be subjected to a legal limit ruled so as not to turn to the arbitrary power to confiscate constitutional rights, and that the constitutional judge control of proportionality undoubtedly help to draw objective limis of the restrictions and proposed solutions on the part of the legislator investigating the desired objective, And that this control extends to observe the proportionality between the subject (restrict or the means or solution) and purpose (public interest) only and does not extend to control of proportionality between the subject of legislation and its political, social or economic causes and motives , and constitutional judge when controlling proportionality does not solve the appreciation Profile appreciated legislator but exercise his discretion substantive control estimate based legislator starting in order to prevent the legislative tyranny on the one hand and protecting the constitutional rights on the other hand as well as it helps to engage in dialogue or debate between the legislator and the judge to build the foundations of constitutional state . | ||
| Keywords | ||
| Principle of proportionality; a criterion for the process of restricting constitutional rights | ||
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