English 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
