The Role of The Legislature In Protecting The Constitution Case Study of The Bahraini Constitution

Abstract

      This study focuses on the role of the Bahraini constitutional institutions that make up the legislative authority in protecting the constitution by explaining the role of the king in protecting the constitution and highlighting the relationship between the legislative authority and the Bahraini constitutional judiciary and the extent to which both Shura Council and Representatives Council can benefit from this relationship by activating an authentic role in starting the Oversight of the constitutionality process, this role functionally integrated with the Constitutional Court so that the Parliament two councils open a new dimension in the relationship with this court, This study include the  emphasizing that the right of the Shura and Representatives Councils to request the Constitutional Court to examine the constitutionality of the legislation includes both the existence of a text that contradicts the Constitution and the absence of a text that the Constitution requires (legislative omission). Several recommendations have been mentioned include: The necessity of amending Decree-Law No. (55) of 2002 regarding the internal regulations of the Shura Council and its amendments, and Decree-Law No. (54) of 2002 regarding the internal regulations of the House of Representatives and its amendments by including a new section within Chapter One entitled “Section Five: Request to Examine the Constitutionality of Legislations Or “Section Five: Recourse to the Constitutional Court.”.   Also, The inclusion of a text that give the right of a number of members of either chambers (ten members, for example, to ensure seriousness) to resort to the Constitutional Court to request an examination of the constitutionality of legislation, taking into account the proportionality between the legitimacy of the majority’s decision and the seriousness of the issue of raising suspicion of unconstitutionality.