Research 49 ILIC 2019

Abstract:  The principle of equality is one of the fundamental principles of human rights, however, the mere provision of the principle is not sufficient unless it accompanied by tools that protect it on the one hand, and ensure that the laws comply with it on the other. The constitutional judiciary is one of the most prominent tools to activate the provisions of this principle, and to ensure its protection and restriction to the legislator. Especially within the scope of private law, in the belief that the practice of this principle is limited to the scope of public law only.
Therefore, we will discuss the concept of the principle of equality, both juridical and judicial, and thus define the role of the Constitutional Court in the Kingdom of Bahrain in protecting this principle, especially within the scope of private law. Through analyzing the Constitutional Court rulings, how the Court applied the constitutional provision on the principle of equality, and whether the Court had succeeded in its role in protecting that principle.