دور مجلس الدولة في حماية مبدأ الامن القانوني

Other Title(s)

The role of the state council in protecting the principle of legal security

Author

الدراجي، جعفر عبد السادة بهير

Source

مجلة العلوم القانونية : مجلة علمية محكمة

Publisher

University of Baghdad College of Law

Publication Date

2018-12-31

Country of Publication

Iraq

No. of Pages

55

Main Subjects

Law

Topics

• Law
• Legislation
• House of Representatives
• Iraq

English Abstract

The legal security has become a principle and necessity in the state of law, based on the fact that the legal basis must be based on legal security, Since the Council of State has become the backbone of the legal base as long as we cannot talk about the value of the rule of law only in view of the degree of stability and the extent of the realization of rights and legal conditions and the consequent to achieve the confidence of individuals in the legal system as a whole.

That means stabilizing the rules governing the affairs of individuals and nations and keeping them away from factors that lead to instability.

This ensures the rights of individuals and states as well, since the individual cannot obtain his legitimate rights except under a stable legal system in all fields.

The existence of a kind of relative stability of legal relations provides for the stability of legal statuses and works to restore tranquility and achieve human security by its wide exclusion.

In contrast, the instability of the laws leads to chaos and spread sedition and disruption of the normal life of individuals, which leads to violation of the sovereignty and prestige of the state.

The Council of State as a long-standing institution in the Iraqi legal system plays a key role in establishing the foundations of the principle of legal security in our time after the great change in the state system and the foundations of the legal system.

In spite of that the instability of the laws and legal provisions and the frequent modification of them, unlike the general rule that these rules are stable in the clear and stable legal system, in order to consolidate the principle of legal security and the protection to the acquired rights and the stability of the legal situation, and needless to say, these changes are the result of the different decisions of the courts of the State Council and its interpretive views accordingly, as the work of the Council is governed by law either by adjudicating cases or in the field of opinion and legal advice

Data Type

Conference Papers

Record ID

BIM-911219

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