The most visible feature of a modern legal state is the constitutional review of laws, which is the means by which the constitution and the principle of constitutional supremacy are upheld. The constitutional principles that govern the legislator are the constitutional protection of public rights and freedoms and the ultimate will of the people, regardless of the power delegated to it. Most modern constitutions recognize the importance of legislation enacted by the legislature to ensure their compliance with constitutional provisions and ideas. Constitutional review is the protector of the constitution from the legislative and executive branches, and thus is the true protector of the rights and freedoms it guarantees, and it reinforces trust in the democratic and judicial systems of the state, as well as legal stability. Hence, this study aims to clarify the meaning of constitutional review, its legal foundations, types, and forms, and to analyze its role in the protection of public rights and freedoms, with comparative examples from Arab and foreign constitutional systems to highlight the benefits and challenges of this review in practice.

Significance of the Study

This research is important because constitutional scrutiny of laws serves as a legal check to uphold the public rights and freedoms of the citizens and maintain the concept of constitutional supremacy; it ensures lawmakers do not overstep the bounds of the constitution and pass laws that may infringe on the rights of the people or discriminate against them. In addition to highlighting the integrative connection between the judiciary and the legislative and executive branches in maintaining constitutional balance, this research also focuses on institutional safeguards to defend rights. The study also highlights the role of constitutional courts as a safeguard for democracy and shows how constitutional review can develop legal definitions of freedoms and rights in response to social and political changes. Thus, this is an important  topic  for  studying  the  basis  of the legal state and the cultivation of respect for the constitution and the rule of law.

Research Objectives

This study aims to define constitutional review of laws, to describe its nature and importance in the legal system, to outline the processes by which public rights and freedoms are protected, to examine the role of constitutional courts in ensuring that laws are in line with the constitution, to highlight the significance of this review in achieving the rule of law and separation of powers, and to compare the experiences of a number of Arab and foreign countries in an attempt to identify similarities and differences in the practice of legitimate review in order to classify how this process can be wired in weaker countries in order to enhance the defense of rights and freedoms and bolster legitimate legitimacy in the contemporary state.

Research Problem

The research problematic is to question how well legitimate review of laws achieves its main goal, protecting public rights and liberties and ensuring that laws comply with legitimate provisions, despite the fact that many nations have legitimate courts or bodies and the competence of this review is disadvantaged by political interference, lack of legal independence, and cumbersome events for challenging unconstitutional laws. Thus, the query becomes how can constitutional review effectively protect public rights and rights and whether this form of review can develop a true tool for upholding the composition and supporting the code of the rule of law

Part One 

The Concept of Constitutional Review of Laws and Its General Foundations: The legitimate review of laws is one significant check to ensure that laws uphold the composition and protect the rights and rights of the people, preventing illegal lawmaking from being enacted either prior or following to their becoming functioning. It is based on general ideas such as the constitution, the separation of powers, the defense of individual liberties, and the being of a body to determine if lawmaking are constitutionally valid. This review is a cornerstone of the stability of the judicial system and the development of legitimate justice. This Part contracts with the fundamentals of legitimate review of laws and the numerous forms and approaches to it.

Section One: The Essence of Constitutional Review of Laws

Constitutional assessment is the process of studying and assessing lawmaking to ensure that it meetings the constitutional provisions, which include the defense of individual rights and privileges, and the prevention of unlawful lawmaking. This review seeks to ensure legal and party-political stability, and the composition serves as the ultimate guide for public formations, hence the emphasis on the legitimate supremacy, the separation of powers, and the being of a body specialized in determining the constitutionality of laws. This section covers the meaning and features of legitimate review as well as its historical development in two subsets.

Subsection One: Definition and Characteristics of Constitutional Review

The legal process used by a competent authority to make sure that laws and regulations follow the constitution, preventing any power from going beyond or violating its tenets, is known as constitutional review. Ensuring respect for the supremacy of the constitution as the highest law controlling all public authority is one of the most notable characteristics of a constitutional state. The assessment is not only of them but also of their implications and impact, which helps to attach legal texts with general legitimate ideals such as equality, freedom, and rule of law. As such, it is a safeguard to maintain the balance between the executive and lawmaking branches and to protect individual liberties [1]. From a doctrinal perspective, constitutional review comprises procedures designed to prevent the formal or practical conflicts between lawmaking and legitimate texts, annulment of illegal parts helps to detect deviations in lawmaking and restore compliance, and indicates a hierarchy of legal values in which composition is at the apex. Therefore, in order to preserve constitutional supremacy, review does more than only identify infractions; it also applies remedies like the suspension or annulment of unlawful provisions [2].

One of constitutional review's primary legal features is its impartiality, which allows it to assess constitutional compliance independent of social or political factors. In the majority of contemporary systems, it is also an independent judicial review carried out by unbiased, independent judicial organizations to avoid intervention by legislative or executive authorities. It is also legally binding, with decisions that are final and enforceable against all state officials. When taken as a whole, these traits serve as the foundation for how well reviews preserve the constitution and public rights [3].

Preventive constitutional review is used before a legislation is passed to stop unconstitutional provisions, and corrective constitutional review is used after a law is passed to resolve disputes that have already arisen. In order to guarantee professional performance and permanence, it is institutional in nature and is administered by specialized courts or authorities. By controlling ties between branches and preventing any authority from going beyond its constitutional authority, it also serves to strengthen the division of powers. By shielding people from the capriciousness of legislation, it also increases public confidence in the political and judicial processes [4].

The rights dimension of constitutional review is the most apparent in the importance of ensuring that the law, both formally and in substance, conforms to the values of justice, equality, and human dignity, and that rights and freedoms are constitutional guarantees rather than state compromises, which strengthens the rule of law. Review also acts as a dynamic tool for maintaining constitutional validity by helping to formulate modern constitutional principles as society evolves [5].

Subsection Two: Origins and Historical Development of Constitutional Review

As the concept of limiting government through a constitution to preserve basic individual rights took hold in political and legal thinking in the 17th and 18th centuries, the need for a body to enforce compliance with constitutional obligations became clear, and constitutional review developed as a way of ensuring constitutional fairness and the protection of rights against governmental abuse [6].

The United States was the first country to implement judicial review of laws, as it was done in the famous case of Marbury v. Madison, which allowed the judiciary to strike down any statute that contravened the constitution, a model that inspired many other countries and influenced constitutional thought worldwide [7]. In 1920, Austria became the first country in Europe to introduce a centralized judicial review model with an independent constitutional court to check laws, which started the process of constitutional review in Europe in the 20th century and was later adopted by countries such as Germany, Italy, and Spain, giving this model a major role in modern legal systems. The European model, which differs from the American one, is centralized and can be either preventive or posterior, ensuring the uniformity of constitutional interpretation and protection of rights [8].

In the Arab world, constitutional revision began to emerge after political independence, and in 1979, Egypt, Kuwait, Morocco, Jordan, and Algeria established Supreme Constitutional Courts that carry out centralized judicial review through independent constitutional courts following the American and European models [9].

Although constitutional review has faced challenges regarding independence and procedure, constitutional review has become a valuable tool for legislative correction and constitutional justice over the years. In recent decades, the scope of constitutional review has expanded to include laws, administrative rules, and international agreements that affect constitutional rights, and new ideas such as popular review and posterior review at the request of individuals have brought the public into the process [10].

Section Two: Types of Constitutional Review and Methods of Practice

The types and techniques of constitutional scrutiny depend on the goal and timeliness of the law. They provide preventive review before lawmaking and posterior review after lawmaking to ensure that the law is constitutional during implementation. While regular courts use a method of dispersed review, a specialized organization or court uses a method of centralized review. These kinds and approaches are used as instruments to defend public rights and freedoms and preserve constitutional supremacy. Two subsections—preventive and posterior constitutional review forms and judicial, political, and hybrid review methods—are covered in this section.

Subsection One: Forms of Constitutional Review (Preventive – Posterior)

Preventive constitutional review seeks to establish the constitutionality of legislative texts before they are adopted or implemented. It is usually performed by a constitutional council or specialized court, thus ensuring that no infringement of public rights or constitutional principles takes place and that there is legislative supervision prior to publication. Preventive review is also one of the best preventative tools because it can solve problems before they start and save the court resources in the long run [11].

Posterior constitutional review, which typically occurs after a law is passed and implemented, often at the request of the relevant government, person, or organization, restores the equilibrium between legislative power and the protection of individual rights by allowing courts to declare void or suspend unconstitutional provisions and is a remedial mechanism that can be applied to new and existing laws.

In contrast to posterior review, which concentrates on rectification, preventive review concentrates on prevention. While a posterior review offers remedies in the event that violations do occur, a preventive review lessens the risk of violations. Protecting rights and making sure laws follow the constitution are the main objectives of both kinds, which reflects the modern constitutional systems' balance between preventive and correction [12].

Subsection Two: Methods of Constitutional Review (Judicial – Political – Mixed)

The most common and well-known technique in contemporary systems is judicial review, which is carried out by independent judicial bodies or constitutional courts. It successfully ensures that laws adhere to the constitution because it is impartial, professional, and free from executive and legislative interference. All laws and regulations are subject to judicial examination, and unconstitutional statutes may be contested by concerned parties or by individuals. Through judicial interpretations consistent with contemporary constitutional ideas, it also aids in the development of notions related to rights and freedoms [13].

Political groups, such parliamentary councils or political constitutional councils, carry out political reviews to confirm the legality of legislation either before or after they are enacted. These reviews are often interested by social or party-political factors. It contributes significantly to legislative monitoring and reflects a democratic element by including representatives of the people, albeit being less objective than judicial review [14].

Judicial and political monitoring are combined in mixed review, which is conducted by legislative or executive members as well as specialist judges. This approach ensures the legality of legislation while taking social requirements into account and striking a balance between legal neutrality and the public interest. It is employed in nations looking to combine political and legal factors for intricate laws, improving adherence to the law and reducing deviations [15].

Because it is more impartial and accurate in interpreting legal and constitutional texts, judicial review directly protects public rights and has advantages over political and mixed assessments. Political review depends on striking a balance between interests and can be impacted by public pressure or changes in parliament. Although mixed review finds a middle ground by striking a balance between legislative needs and judicial independence, it may have trouble telling the difference between political and legal norms, which could reduce its efficacy.

Judicial review ensures legal justice and rights protection, political review ensures social balance and legitimacy, and mixed review, which combines impartiality and the public interest, makes problematic legislation more flexible. Which review technique is used is dictated by the political and constitutional environment of each nation and has direct implications for the constitutional supremacy and rights protection [16].

Part Two: The Role of Constitutional Review in Protecting Public Rights and Freedoms

Constitutional review is a crucial instrument to protect public rights and freedoms, prevent the excess of the law and violation of the fundamental rights of citizens, promote justice, equality, and the rule of law by monitoring state legislation to ensure its compliance with constitutional ideals, provide individuals with the means to defend their rights, and serve as an instrument to balance the power of various authorities and maintain political and legal stability. Two of the main melodies that are deliberated in this Part are the effect of legitimate review on the legal system and the protection of rights, and legitimate review as a assurance for the defense of rights and liberties.

Section One: Constitutional Review as a Guarantee for the Protection of Rights and Freedoms

It ensures that no law can be passed that would violate the constitution, that public officials do not violate their constitutional roles, and that the constitutionally mandated freedoms and rights of the people are upheld, including equality, justice, and liberty. This scrutiny is a check on the infringement of liberties and rights, and it prevents the passage of any law that is in conflict with the constitution and ensures that public officials are within constitutional bounds and uphold the rights of the people as enshrined in the constitution, such as equality, justice, and liberty. In this section, we have two subsections: the constitutional judiciary to safeguard basic rights and the constitutional framework for public rights and freedoms.

Subsection One: The Relationship between the Constitution and Public Rights and Freedoms

Public rights and freedoms, which are guaranteed by the constitution and specified by it in detail, cannot be overridden by any other law and are the direct guarantor of public rights and freedoms; the constitution is the basis of all rights and freedoms, and its absence would render the rights and freedoms of the people unconstitutional. The constitution reflects the state\'s duties to protect individuals from abuses by public officials or other citizens. Hence, the constitution, defining them, the scope of their exercise, and the legal guarantees to ensure their exercise, is inherently linked to public rights and freedoms [17].

Basic fundamental tenets such as equality, freedom of speech, and the right to justice maintain this relationship, with these guidelines providing structure to limit power and prevent violations of individual and group rights, while adherence to these values ensures social fairness and political stability. Moreover, the constitution provides legal and procedural safeguards, such as the ability to appeal to courts or constitutional tribunals, that enable citizens to defend their rights against infringement [18].

Constitutional review protects citizens from violations and ensures that laws are consistent with basic constitutional principles, making the Constitution effective. If laws limit freedoms or violate the principle of equality, then the constitutional court (or whatever other independent judicial authority has been charged with interpreting texts to ensure conformity with the constitution) will prevent them from going into effect.

Over time, however, the relationship between the constitution and rights evolved as written constitutions in the eighteenth and nineteenth centuries began to include fundamental rights, which expanded over time to include rights of political, social, cultural, and economic freedom. The constitution is no longer merely a document that arranges authorities; it is now a tool for promoting social justice and protecting individuals, as current events in Arab and European countries show [21].

The requirement that all branches of government (legislative, executive, and judicial) adhere to the provisions of the constitution is a testament to the impact of the constitution on the preservation of rights, the fact that full constitutional compliance permits people to exercise all of their rights fully and securely while noncompliance results in the infringement of rights, and the fact that subordinate law must also adhere to constitutional requirements so that the constitution remains the primary guarantor of public freedoms and rights [20].

Subsection Two: The Role of the Constitutional Judiciary in Safeguarding Fundamental Rights

The constitutional judiciary is the primary body tasked with upholding the constitution and the fundamental rights of citizens, and it provides an avenue for citizens and other affected parties to challenge any legislation or administrative decision that infringes on their rights. Constitutional courts, which are independent and impartial, issue judgments that balance individual rights against the interests of the state, thus preserving the rule of law and the protection of basic rights from legislative or executive overreac [22].

For example, the constitutional judiciary preserves the rights and freedoms by deciding whether laws and regulations are constitutional, thereby making rulings that strike down unconstitutional provisions unenforceable, interpreting the constitutional texts according to contemporary standards for rights and freedoms and thereby eradicating gaps between laws and the constitution, thus binding all authorities [23]. The judiciary also preserves civil and political rights like the right to assemble and organize, the right to vote, and the right to freedom of expression, ensuring that all legislation pertaining to these rights is consistent with the constitution and that all violations can be redressed by enforceable rulings. This helps maintain the balance between public power and basic liberties, in which rights are exercised within the framework of the law and the constitution [24].

The judiciary also protects economic and social rights, such as the rights to work, social security, health care, and education, and reviews laws and judgments that affect them in order to advance social justice and prevent discrimination and deprivation [25]. This approach preserves the essence of fundamental rights and is practical and realistic because the judiciary also interprets the rights with reference to sociological and economic developments [25]. The constitutional judiciary ensures the rule of law and constitutional obedience by monitoring legislation and ensuring it conforms to the basic rights, and if found to violate the constitution, a provision of the law is suspended or revoked, which directs future laws to consider rights and liberties and strengthens constitutional justice and the culture of respect for the law and the constitution among individuals and authority [26].

Section Two: Effects of Constitutional Review on the Legal System and Rights Protection

Constitutional review ensures that laws are constitutional and upholds the rule of law, provides procedures for challenging and overturning unconstitutional law, prevents laws that violate the rights and liberties of the people from passing, and balances the operations of public agencies, preserves constitutional order, protects the rights of citizens, and promotes justice, equality, and political and legal stability. This section is divided into two subsections: challenges and limitations to the effectiveness of constitutional review, and the legal consequences of unconstitutional decisions.

Subsection One: Legal Effects of Rulings of Unconstitutionality

An unconstitutionality ruling is a decision by the constitutional court or other body empowered with examining the constitutionality of the laws to nullify any law that is in conflict with the constitution. This decision, whether it suspends the enforcement of the statute immediately or from a certain date, is a weapon for the protection of the idea of constitutional supremacy. The order binds all public agencies and any subsequent violation is a crime carrying severe legal consequences [19].

The main consequence of an unconstitutionality finding is the annulment or suspension of the law, which renders the unconstitutional provision unenforceable by both individuals and government entities, thus ensuring that laws and the constitution are consistent and that the rights and freedoms of the people are protected. An annulment could be partial or total, resulting in only the offending section being void while the remaining legal conditions are upheld [1].

The decision also protects basic rights by preventing ongoing implementation of clauses that restrict or infringe upon them, allows citizens to defend those rights in court, ensures justice and equity, and serves as a check on the power of the legislature to prevent laws that may be harmful to residents.

This judgment bars the government from enforcing voided provisions and the legislature from reenacting unconstitutional provisions or amending legislation in accordance with the constitution, thus protecting the rights of citizens, increasing parliamentary oversight, and ensuring a separation of powers, which demonstrates the judiciary's capacity to uphold constitutional norms, making constitutional review more effective and strengthening the rule of law [15].

Unconstitutionality rulings also develop legal systems and legislative abilities, prompting legislators to consider constitutional requirements when crafting new laws. It fosters confidence in the court as a protector of fundamental rights and helps to build a culture of rule of law and adherence to the constitution. These decisions consequently ensure that laws and rights are aligned and that the state is legally protecting its citizens [20].

Subsection Two: Challenges and Limitations Affecting the Effectiveness of Constitutional Review

Several political challenges exist to constitutional review. First, the appointment process for the members of the constitutional court could be influenced by political factors and could politicize the constitutional review, which weakens the independence and impartiality of the members of the constitutional court and may be inclined to preserve rights and freedoms of the citizens less than when the judges are chosen based on their political loyalty or under the pressure of the legislative or executive branches [27].

Another major problem is the lack of knowledge among people of their constitutional rights and review procedures, preventing them from challenging unconstitutional laws in constitutional courts; many persons do not have the legal awareness to distinguish between constitutional provisions and subordinate legislation, making review less effective at defending rights, and therefore legal and constitutional literacy is key to enhancing the effectiveness of review [8].

Other challenges include long-running litigation and complex legal processes, which can result in long-lasting laws that require careful judicial scrutiny, thereby violating the rights and liberties of people and weakening the judiciary and public trust in the legal system to improve the efficacy of reviews.

In addition to these limitations, some constitutions also place restrictions on constitutional review through limitations on the ability of courts to declare legislation unconstitutional, interpret their terms, or limit appeals related to unconstitutionality. This can prevent courts from effectively protecting rights and freedoms where general or ambiguous legislation exists [11]. In the face of societal changes and contemporary digital and social challenges, such as online privacy and social media freedom of expression, constitutional courts struggle to keep pace with emerging legal and technological concerns [28].

This study demonstrates that a key instrument for guaranteeing the defense of the public's rights and liberties and maintaining the idea of constitutional supremacy is the constitutional examination of laws. It acts as a check on any abuse of power by the executive or legislative branches. The research concluded that judicial review, political review, mixed review, or prior review is necessary to keep the law within the bounds of the constitution and to uphold the principles of equality and justice, that the constitutional judiciary is the cornerstone of the review, and that the constitution is interpreted by the judiciary to protect public freedoms and to nullify unconstitutional legislation, and that there are several impediments to the effectiveness of constitutional review, including political pressure on judicial independence, lack of constitutional awareness among citizens, complex legal procedures, inherent limitations in constitutional texts, and the ever-changing nature of contemporary social and technological developments. It is also crucial for legislative development, compliance with rights, and to build public trust in the legal system.

Results

• Constitutional review (the first line of defense against excess) is the most important mechanism for the preservation of basic freedoms and rights, including the rights of individuals and groups, by prohibiting laws that violate the constitution or threaten the basic rights of individuals and groups.

• The constitutional judiciary has a fourfold role to play: It overturns unconstitutional legislation, interprets texts to ensure justice and basic rights, protects persons, and regulates legislative and executive authority.

• Prior review (which prevents unconstitutional laws from being enacted) and following review (which corrects violations after they have been implemented) offer a two-stage protective and corrective mechanism.

• Judicial review can consider the public interest, political review can consider legal neutrality, and mixed review can consider both the public interest and the efficacy of protecting rights.

• Any legislation that violates the constitution violates the ultimate source of rights and freedoms, which places the obligation on all authorities to protect rights and makes constitutional review an effective mechanism to ensure that the fundamental values of the state are maintained.

• Unconstitutionality rulings maintain rights, nullify conflicting clauses, and obligate authorities to refrain from repeating offenses, thus enhancing constitutional compliance, the rule of law, and preventing further violations.

• Political effects on judicial independence, procedural complexity, and limitations in the constitutional text are major obstacles that might hinder the efficacy of review and postpone the protection of rights.

• Legal ignorance undermines rights protection because the lack of awareness among citizens reduces the likelihood of challenging unconstitutionality; greater public knowledge about the constitution ensures active citizen participation in legislative oversight.

• Unconstitutionality rulings prompt legislators to comply more closely with constitutional provisions, resulting in better legislation, fewer violations, more rights protection, and a legislative climate consistent with constitutional values.

• Effective constitutional review helps to protect rights and freedoms, ensures justice and equality, and enhances public confidence in the rule of law and the judicial system, thus enabling the state to become a robust rule-of-law state upholding constitutional value.

Recommendations

• Laws can be written to guarantee that constitutional courts are not under administrative or political pressure by clarifying the laws regarding how judges are appointed and their power, which guarantees judicial independence and therefore objective decisions that uphold rights and public freedoms.

• If constitutional cases are streamlined and the legal process made as straightforward as possible, the likelihood of a rights infringement is reduced and the preventive and corrective functions of constitutional review can be more efficiently carried out.

• Public education, through seminars and the distribution of educational materials in schools and the media, can help citizens understand their rights and how constitutional review operates, increasing the likelihood that they will become involved in legislative review.

• Review and update existing law periodically to make sure it is constitutional and to update obsolete law and to correct clauses that conflict with the principles of the constitution.

• Advance review of the legislation would prevent the enactment of illegal measures, keep the legislation sound, save time, and avoid future litigation.

• A mixed review that incorporates political and social factors along with a legal foundation can balance the need for neutrality with the public interest and create greater flexibility within the constitutional system and rights protection in a wider range of situations.

• Adjust subsequent review standards by including new digital and social rules, such as online privacy and freedom of speech, to protect rights in all situations.

• Constitutional courts must also have the power to monitor laws regarding economic and social rights, such as social security, health care, and education, to ensure full rights protection and further social justice.

• Train legislative and executive branches to respect constitutional provisions, improve coordination between authorities, safeguard rights, and minimize the risk of unconstitutional legislation.

• Constitutional rulings and reports should be regularly published in a format that is accessible to the public and media to increase transparency and strengthen public confidence in the legal system, as well as in the ability of the constitutional review to defend public rights and freedoms.

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