Legal security between ruling of unconstitutionality and the immediate and direct effect : a comparative study

Abstract EN

In this study, we will address the point related to the extent to which the rule of unconstitutionality is triggered and its impact on the principle of legal security, since the ruling of unconstitutionality in general may bring about a change in the legal system, and may lead to a legislative vacuum, which may affect the relative stability of legal rules in terms of time, Especially if the legislative text judged to be unconstitutional was applied during a period of time that led to the arrangement of individuals' situations accordingly.

Therefore, the matter requires setting controls that limit the retroactive effect of the unconstitutional ruling, in a way that serves the interests of individuals affected by the rule of unconstitutionality.