The Role of The Legislature In Protecting The ConstitutionCase Study ofThe Bahraini Constitution
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