Human rights has been safeguarded through several means (e.g. political, judicial, legal). Constitution is one of the legal means to establish and protect basic human rights. A constitution lay down between an external party ( i.e. international covenants ) and an internal party ( i.e. national legislation ). It is important, therefore, to demonstrate the links among the three parties.
The prime question of this article is : what is the role of the constitution in regulating and safeguarding liberties and fundamental rights ? It will discuss this issue with especial reference to the practice in the Arab Countries.
The constitution usually classifies human rights, which is included in its text, into three categories. (1) Those rights and liberties that cannot be regulated by the legislature, (2) those rights and liberties which are regulated by the constitution itself, and (3) those rights and liberties which can be regulated by ordinary legislation. The Rights in the third category are usually ended by limitation clauses such as" as provided by the law." In this category, human rights are tampered with in May Arab Contries.
"Constitutional regulations of liberties and fundamental right s,"
Journal Sharia and Law: Vol. 1994
, Article 5.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol1994/iss8/5