The importance and effects of constitutional jurisprudence in Lebanon - Rule of Law Programme Middle East and North Africa
Under the notion of constitutionalization, Dr. Sleiman depicts the process by which the national legal order is subjected to the provisions of the constitution, in accordance with the principle of the hierarchy of laws. Respect for the hierarchy of laws is fundamental to the rule of law, as it dictates how the different levels of law will apply in practice and thereby safeguards harmony in the legal order.
In his article, Dr. Sleiman addresses furthermore the notion of constitutionality of laws, including the concept of control of constitutionality. By giving competence to independent (judicial) bodies to determine the compliance of the law or provisions of law with the Constitution, the control of constitutionality is an important tool to prevent violations of the rights granted by the constitution, assuring its supremacy and stability.
Constitutional jurisprudence, delivered by judicial bodies, such as constitutional courts and councils, is closely connected to the constitutionalisation process. The constitutionality of laws depends to a large extent on the abundance of the constitutional jurisprudence and the ability understand constitutional content in depth.