الحماية الدستورية لمبدأ المساواة

Abstract

Abstract : The focus of this research paper is on the nature of public rights and freedoms, and also on the constitutional guarantees for their protections. It addresses the concept of public rights and freedoms, as well as their classifications and guarantees. It also sheds light on the restrictive and expanded concept of public rights and freedoms as regards the objective and legislative guarantees in their most effective form. In addition, it addresses the nature of the “equality principle”, which required knowledge of its philosophical and legal frame, its concept before the law, how it is upheld through the concept of legal equality and equal opportunities, its function, and citizenship as a part of upholding the right to equality. The study addresses the other aspect of equality, which is the forms of absolute non-discrimination before the constitutional jurisdiction, and the nature of positive discrimination. "The sources of the principle of equality under constitutional systems and the position of the constitutional jurisdiction of the constitutional rules of equality” have been established through “the jurisdiction of the French Constitutional Council, the Supreme Constitutional Court of Egypt, and the Bahraini Constitutional Court’, in addition to the principle of equality under the declarations of rights and international conventions. The principle of equality is indeed the real reflection of the balance between public rights and freedoms and the public interest, the importance of addressing “the principle of equality and the extent of the obligation of the State to enforce rights and freedoms”, where the research required thorough review of the constitutional protection of rights and freedoms, and the fact that the principle of equality is a real guarantee of their practice. Then, review was made for each of the rights and freedoms, which are classified as negative rights and freedoms, compared to those known as positive rights and freedoms, which entail financial obligations on the State to enforce them