The Nature of Monitoring the Constitutionality of Laws and Regulations in the Kingdom of Bahrain

Abstract

The study aims to explain the reality of control over the constitutionality of laws and regulations in the Kingdom of Bahrain, in terms of the form of this control and the bodies entrusted with moving this control in addition to the effects that result in the two cases of previous and subsequent control over the constitutionality of laws and regulations. It is known that the Bahraini constitutional legislator started with central control. On the constitutionality of laws and regulations in the sense of giving jurisdiction to a single court entrusted with the task of conducting this oversight, and this body was determined by the Bahraini constitutional legislator in accordance with the text of the article of the amended Bahraini constitution of 2002 in the Constitutional Court, and this oversight that the court exercises is not exercised by itself, but rather by His Majesty the King or by The Prime Minister or by the Speaker of the House of Representatives and also the Speaker of the Shura Council as well as the judges of the matter and finally by individuals and these practices of these bodies are in accordance with the terms and conditions established in accordance with the constitution and also in accordance with the law of the court itself in addition to the law of civil and commercial pleadings in a way that does not conflict with the provisions of the law of the court, and these Oversight of these constitutionally defined bodies is optional oversight of constitutionality in accordance with its recognized forms The two are the previous censorship as well as the post censorship, which we will discuss in this study by dividing it into three demands. As for the third requirement, we deal with it the nature of the laws and regulations that are challenged as unconstitutional

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