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Official Gazette – Issue No. 9 (bis) March 1, 2015
Whereas, according to Article (94) of the Constitution, the State shall exercise the
powers thereof, regardless of the functions of purposes thereof, under the rule of law
and shall be put back on the right track if it ever flouts the law. The legal rules
constituting the framework of the State and the limits out of which it may never
deviate shall be interpreted in light of the democratic principles on which the system
of governance is based, according to Articles (1), (4), and (5) of the Constitution.
Whereas the power used by the legislator to regulate the rights enshrined in the
Constitution is a discretionary power in the first place, since the legislator compares
between different available alternatives in connection with the subject-matter that
needs to be regulated and selects the alternative that can best meet the desired
outcomes and serve the most significant interest. In exercising such power, the
legislator is governed by no authority but the controls enshrined in the Constitution in
this regard. Furthermore, in this context, the legislator is not required to stick to rigid
forms that cannot be altered or changed. Rather, it is left to the discretion of the
legislator to compare between different available forms to use the one that best suits
each situation, in light of the circumstances under which the right in question is
exercised and in a manner ensuring that such right is not lost.
Whereas, according to Constitutional Article (9), “the State shall ensure equal
opportunities for all citizens without discrimination”, knowing that the State can only
ensure that citizens have equal opportunities when it determines those worthy of such
opportunities and prioritizes them according to objective criteria laid down based on
the nature, objectives, and requirements of such rights so that all citizens could have
equal opportunities and be equal before the law since such rights shall grant them
similar legal statuses in light of which the criteria defining which citizens are eligible
to have such opportunities are determined. Hence, when a citizen is proven worthy of
a certain right according to the outlined criteria, such citizen shall receive the same
treatment received by those enjoying the same legal status since any discrimination
shall, then, constitute an attempt to deprive such citizen from a right established by
the Constitution.
Whereas the principle of equality before the law shall apply to all citizens without
discrimination since it is the basis of justice, freedom, and social peace and since it
mainly aims at protecting the rights and freedoms of citizens against all forms of
discrimination. This principle, in essence, has become a tool used to ensure fair legal
protection that goes beyond the Constitutional rights and freedoms and extends to
include the rights granted by the legislator to citizens within the limits of the
legislator’s discretionary power and in light of what the legislator deems as necessary
for the greater good. Whereas the forms of discrimination violating the Constitution,
as countless as they are, can be defined as any kind of segregation, limitation,
favoritism, or exclusion that arbitrarily deprives someone of their rights and freedoms
established by the Constitution or law, whether through denying, suspending, or
undermining them in a way that prevents the holders of such rights from exercising
them on an equal basis with other eligible citizens. Therefore, while the Constitution
bans any form of arbitral discrimination, all legislative regulations aim at fulfilling
certain legitimate purposes that serve the greater good, which is the ultimate aim of
the legislator who uses the legal rules as a ladder to reach that aim. Whereas such
regulation uphold, rather than undermine, the principle of equality through
introducing legislative regulations linking certain legal provisions to the desired