Document Type
Original Study
Abstract
Our opening question for this summary is this: Under a majority that controls the legislative and executive branches, how can we preserve fundamental liberties and accomplish democracy in its purest form? Many nations base their legal systems on the Constitution, which is regarded as the highest and most sublime law. It clarifies individual rights and freedoms and provides constitutional guarantees for them. It also defines the state's organizational structure, form of government, public authorities and their powers, and the relationships between those authorities. It was essential to establish constitutional institutions so that each authority could carry out its responsibilities and duties in line with the idea of the separation of powers. It accomplishes the fundamental goal of the separation of powers, which is to safeguard liberties and rights while keeping the democratic system from devolving into an authoritarian one. In order to achieve a particular equilibrium between the opposition and the legislative majority, the constitutional judiciary is crucial. Saying that participation systems are in total opposition to the majority rule betrays a simplistic understanding of the majority rule. Systems that share power function using a designated or double majority. The majority hall typically lies on a scale and on multiple levels in democratic systems. Given the variety of proportional electoral systems, implementing a proportional system for elections is not a sufficient solution to ensure democratic participation. Democracy has no price, but it is expensive If the democratie doesn't have a price, it's the same way.
Recommended Citation
Hussein, Mukhlis Mahmoud
(2023)
"The Constitutional Judiciary is the Safeguards of the Balance
Between the Parliamentary Majority and the Opposition,"
Imam Ja'afar Al-Sadiq University Journal of Legal Studies: Vol. 3:
Iss.
2, Article 4.
Available at:
https://ijsu.researchcommons.org/ijsu/vol3/iss2/4