CONSTITUTIONAL PROTECTION OF RIGHTS AND LIBERTIES IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 41 OF THE BASIC LAW OF THE SULTANATE OF OMAN: AN INDUCTIVE ANALYTICAL STUDY

Abstract

This study aims to define the role of the provisions of the Basic Law of the Omani State in protecting public rights and liberties, and to know how far they are guaranteed in achieving justice and economic development, in accordance with the legal Articles governing them. It discusses the nature of this protection, as an attempt to identify the role of some constitutional legal provisions in consolidating and protecting these rights by presenting a clear realistic and practical image in interpreting the provision of Article 41 of the Basic Law of the State, the true guarantor of these rights and liberties. Accordingly, this study concludes that the Omani constitutional legislator has kept up with the advanced legislations in the field of protecting public rights and liberties as well as ensuring the achievement of justice, which this study has supported. However, according to the provisions of Article 41 of the Basic Law, the authors could not find the nature and characteristic of the competent authorities in terms of the related public matters in a narrow, precise or broad form. In view of the importance of this constitutional protection, the study called for devoting and stipulating Article 41 of the Basic Law of the Omani State in all areas and legal applications prevailing in the state in line with the legislative development achieved in the Sultanate of Oman. By following an inductive and analytical approach, the subject of this study has been divided into two chapters; Chapter one focused on the constitutional protection of public rights and liberties under the Basic Law of the State of Oman, while Chapter two dealt with the competent authority concerned with perpetuating the protection of rights and liberties in accordance with the provisions of Article 41 of the Basic Law of the State.