The Importance of The Decisions and Judgments of The Bahraini Constitutional Court

Abstract

Constitutional rules occupy the top of the legal hierarchy in a state, as they serve as the foundation for all other legal rules. They establish the three branches of government - the legislative, executive, and judicial powers - and define the powers and competencies of each branch. Additionally, constitutional rules outline the rights and freedoms of individuals, thereby imposing restrictions on the actions of public authorities and preventing them from acting outside the bounds of the constitution. Given the absolute and supreme nature of the constitution, there must be a mechanism to ensure that all laws enacted by the ordinary legislature and regulations issued by the executive branch comply with its provisions. This is where the idea of judicial review of the constitutionality of laws comes into play. Without effective judicial review, the constitution becomes a mere formalistic rule with no practical or legal value. By examining the legislative texts, we find that the Bahraini legislator has adopted judicial review of the constitutionality of laws, as opposed to countries that have opted for political review. The Bahraini approach includes both prior and subsequent forms of review. In order to respect constitutional rules, there must be a court that verifies the conformity of laws with the constitution, granting the decisions of that court legal validity, whether it is relative or absolute. Moreover, these decisions have legal implications. Considering the significance of having a constitutional court that oversees the constitutionality of laws, it is necessary to assess the achievements of the constitutional court in terms of legal and constitutional compliance. It is also important to emphasize the supremacy of the constitution over other laws and to determine the importance and validity of the court's decisions as crucial judgments pertaining to matters of utmost importance to the state and individuals.