The notion of constitutional justice in federal systems

Abstract

The history of the notion of justice dates back to ancient civilizations, but the concept of constitutional justice in the modern era holds great importance, because the written constitution is considered the foundation for determining the availability of rights. Therefore, constitutional legislators strive for completeness in making the constitution an instrument for providing this concept. The importance of this research lies in revealing the concept of constitutional justice, as well as its important position in the federal system, because constitutional justice is related to a distant and broad objective. For this purpose, we have relied on the analytical method to analyze the thoughts and opinions of constitutional jurisprudence and constitutional texts, with the aim of determining the concept of constitutional justice and its position in emergence within the federal system, whereby the constitution embodies that higher objective of justice within itself and demonstrates that it is more general and broader than the objective of justice in ordinary laws. It also shows that the constitutional legislator is the foremost designer of justice within the constitution, and that the constitutional court is not the sole implementer of constitutional justice. Thus, constitutional justice is not merely an institution, but rather a process for welfare in society, particularly in the role it plays in federal systems.