The Constitutional Question: A New Mechanism to Protect Human Rights

Abstract

The Constitutional Court is vital in safeguarding human rights, particularly in conflicts between states and regions, and has addressed constitutional personhood issues, demonstrating the importance of such protection. This normative juridical research seeks to identify elements of the constitutional question that serve as a mechanism for protecting human rights. Protecting constitutional rights is critical to a democratic state and the rule of law. The Constitution guarantees human rights and establishes the Constitutional Court as a pillar of the modern legal system. Ensuring the general judiciary's highest position in the constitution maximizes protection and prevents general justice violations. The review of statutory regulations includes implementing norms, often resulting in complaints and constitutional questions. The Constitutional Court protects human rights by answering constitutional questions, interpreting and applying constitutional law, and shaping jurisprudence within the legal framework. It resolves conflicts, balances individual and collective rights, interprets the Constitution, and prioritizes the protection of basic rights based on the Constitution.