Official Journal – Issue No. 22 (bis) on 03 June 2013
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entrance and a solid base to it. Hence, constitutional declaration ensure them to all
citizens have popular sovereignty, as per article (3) of the constitutional declaration,
and exercising it as prescribed in such declaration. It is clearly evident that multipartisan system has opinions which may contradict or conform, may disagree or
agree, yet, national interest remain to be a framework and a standard to evaluate it and
to control its activity and it’s an interest on which all the people depend. Therefore,
multi-party system is not a means used by the constitution makers to replace
dominance; however, they considered it a correct road for national work, through
democracy of dialogue in which there are many contradictory opinions. Provided that
the role played by political parties, eventually, remains connected with the will of the
electorate, which is crystallized through free choice of representatives in parliaments,
and through the weight it gives to competitors, what is confirmed in the constitution
declaration by ensuring rights to voting and candidacy, and equality in exercising both
rights, and never differentiate in bases of exercising them, never discriminate between
citizens concerning that point. However, it ensured the two rights to all citizens – who
meet the set conditions – of different political belongings and opinions, in order to
guarantee that national work remain to be group work without discrimination among
citizens. Through such great efforts in building the national work, political parties
work in cooperation with those who don’t belong to them to establish its pillars. Thus,
the true content of the text of article (3) in the mentioned constitution declaration is
determined; the text that doesn’t give popular sovereignty to a specific bracket and
excludes another, and doesn’t impose dominance by a certain group. Within this
framework lies the value of the multi-partisan system, taking into consideration that
it’s a constitutional approach towards deepening the concept of democracy which
doesn’t grant political parties a role in the national work that exceeds limits of
confidence the electorate give to their candidates, who fight the election with others in
accordance with objective bases not restricted by a creed of any type, or by any type
of political or non-political belonging, provided that same opportunities are available
for all citizens - who meet the set conditions – to be able, through them, to share
equally in the formation of the national policy and determining its final features. The
constitutional declaration ensured that because it doesn’t contain any text that
enforces citizens to accede to political parties or confines the exercising of political
rights, particularly the rights to candidacy and voting, to those belong to parties. This
ensures the freedom of the citizen whether to belong or not belong to political parties,
and in exercising the mentioned political rights through or away from political parties.
Undoubtedly, the two concepts of equality and equal opportunities, which are the
main principles and factors concerning that affair, necessitate treatment of all
candidates equally, and on a base of equal opportunities to all, without discrimination
based on partisan belonging. Discrimination, in such case, is based on difference in
political opinions, which is banned in accordance to the constitution. Since, it’s not
acceptable that party system turns to be a restriction to general freedoms and rights,
among which is the right of candidacy, which is one of the general rights determined
by the nature of the parliamentary democratic systems, and imposed by its
fundamental pillar which based on approving the concept of granting people
sovereignty, in accordance with the text of article (3) of the constitutional declaration.
Whereas, it’s determined, based on the case law of this court, that explanation of texts
of the constitutional declaration will be based on considering them a single integrated
unit, and the meanings come from them must be connected, in the manner that no text
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