The Principle of the Supremacy of the Constitution as the Basis for Constitutional Oversight

Abstract

The mission of a constitution is to create a degree of balance between two ideas: the necessity of having restricted authority and the necessity of individuals enjoying a certain degree of freedoms and fundamental rights. The concept of the constitution is thus linked to liberty, and its rules are associated with the need to restrict and regulate the work of the authority through provisions that form the core of the constitution. These provisions are characterized by rigidity in most constitutions, which in turn imposes constitutional review to ensure that public authorities do not deviate from its rulings and purposes. Any actions that contravene the governing provisions of their competencies are subject to annulment. The principle of the supremacy of the constitution has become one of the universally accepted constitutional principles, establishing a framework for either political or judicial constitutional review. This ensures adherence to the constitutional text in both form and substance by preventing the issuance or repeal of any legislation that contradicts it by the competent political or judicial authority.