Regardless of the role of the State and the extent of its intervention, the public utilities, in its organic dimension connected with the public authority concept and the objective dimension connected with the concept of public activity, is considered one of the main tools by which the state exercises its sovereign functions and interventions.
Given the changes that have occurred in the role of the State, which led either to more intervention or more of its withdrawal from some sectors, and the subsequent crisis in the concept of public utilities, in addition to the emergence of mandate exercises or privatization of the public utilities.
In view of the serious effects of these exercises, which need a great deal of deliberation and legal preparation through covering all the criteria and necessary constraints, as well as estimating the political, economic and social dimensions and its implications, highlights the importance of studying the constitutional guarantees for the protection of these utilities. Whereas the study has focused on:
· The importance and necessity of having a constitutional court can throughout the constitutional appeals of the laws and decisions related to the disposition of public utilities develop standards and regulations and constitutional constraints associated with it.
· The importance of the existence of discrimination, under the provisions of the constitution or framework laws for privatization, under the control of the constitutional judiciary, between the inalienable constitutional public utilities and the rest of the public utilities that governments may dispose of them.
The existence of criteria, standards and restrictions, with constitutional value, which governments commit by them in its preparation and plans for privatization policies, will enable the constitutional judiciary, as a guarantor of constitutional rights associated with public utilities, of playing a role in the reduction of headstrong governments toward policies and programs to abandon these facilities, through techniques or legal tools, which can be invented by a wide horizon and open to all currents or political trends, while maintaining its neutrality, i.e. without any interference in the political options and sliding in to what is called "Government of Judges".
"The Extent of Constitutional Protection for Public Utilities,"
Journal Sharia and Law: Vol. 2016:
66, Article 2.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2016/iss66/2