دور الرقابة على دستورية القوانين في إرساء دولة القانون :دراسة مقارنة

Constitution is the basic Law of a state due to its formality and objectivity, and because of the way it is
constitutionally codified on one hand and entrenched on the other hand; that which could be achieved
through a Constituent Assembly or referendum or the combination of both. On the substantive aspect,
constitutional checks and balances deal with the form of the state, system of government, state
authorities and the relationship existing between them, as well as its relationship with individual rights
and freedoms. Hence, given the nature of the Constitution as the highest law in the state, it must be the
first reference to the other branches of laws which emanated from it. In order to guarantee an effective
constitutionality of laws through constitutional checks and balances, attempt is made in this paper to
address the various types of constitutional checks and balances as well as its role in establishing a state
entrenched with the rule of Law, either by means of constitutional censorship or nullification or
abrogation. The outcome of this research, therefore, confirms these tools of checks and balances as
effective means of entrenching a state of law.