مبدأ المساواة كضمان للحقوق و الحريات العامة

Abstract

AbstractEquality of ambiguous words and rhetoric that captivated the ambiguity and ring and the people and the masses, which are still shaking their feelings, and move them in the realms of political, economic and social development. One of the mighty words, used by the leaders and reformers, which was filled with research Asfar philosophers, scientists, and filled its events history in various chapters. Although the presented word equality, although signed by lavish huge and influence the powerful, this word does not still need to interpret and clarify because of the ambiguity and confusion and still raises the principle of equal diet, researchers and scholars of jurisprudence, politicians and pulled down their thinking and the significance of this is confirmed by specialized research heavy, conferences and seminars held by the associations and institutions of legal thought at the international level.And by CO, it should be thought that freedom was as we will see the same as equality in ancient times and most of this has reached it Bmusharaa the French Revolution (during the bloody conflict, which has sunk him the rebels) to ensure their announcement issued on 10 August in 1793 in the fourth year of the revolution came According to equality (freedom) and confirm that, he says (Biraud) in the doctrine of the authority of government took over after them with their expansion on the sanctification of equality before the law.It is the starting point of this we want to draw a picture of the democratic ideal and because of this that does not break the link between equality and freedom, as the complement, one Alakharay, and the former presence or absence, we are studying with the principle of equality guarantees of the exercise of public freedoms and rights under the door of a uniform. The principle of equality the cornerstone and focal in the center of all legal regulation of public freedoms and rights. It is democracy, in the words of Dr. Tharwat Badawi, as the soul of the body Bgierh negated the meaning of democracy and breaks down all the meaning of freedom. It was therefore decided in democratic regimes, inter alia, that the organization of public freedoms and rights, and may Atzmenh this organization to identify or outspokenness can be achieved only by general laws to ensure that the abstract equality of all individuals. It remains the principle of equality of the most important principles that Nazl individuals in order to achieve throughout the ages and times, and that individuals have Aiahm unfair discrimination in favor of the rulers and in favor of a layer times the socially and economically at other times, revolutions set up a goal to achieve. And almost correlation between the principle of equality, rights and public liberties to be a correlation inevitable there is almost one to do without the other there is no equality without freedom, no freedom if it does not treat workers rights and public freedoms on an equal footing and without discrimination on the basis of race, color, creed, language or race .. Etc., so no choice but to say that the principle of equality is the basis upon which the rights and public freedoms, there is no way all the enjoyment of freedom of any individual freedoms if it is not available to all without discrimination between one person and another.Therefore, and due to this status enjoyed by the principle of equality, it is in need of a permanent and necessary for the protection that is placed Zmanat of defense and Heimaath of any violation that may happen by the power, authority, whether legislative or executive has the power to violate the principle of equality has issued legal code to forbid the a range of individuals of their constitutional rights, has been issued by the executive branch administrative decision to forbid the members of his rights without the rest of the individuals. Him and in front of this capacity owned by the various authorities in violation of the principle of equality was in dire need of protection, necessity of protecting the principle of equality, arise from the presence of threat Fezrorh protection coupled with the existence of the threat and to be a protection effective, it requires to be proportionate to the threat to him.