الاجتهاد القضائي و مقتضيات الأمن القانوني

Abstract EN

During the twentieth century, Latin-minded jurists engaged in a sharp debate on the nature of the Jurisprudence to conceal the lack of recognition of the legislated as an official source of law.

However - and de facto - it cannot be overlooked for being a practical and automatic source that is not only attributed in its origin to a higher base, but rather to the legal system's need for it.

While recognizing its nature, and that its modification is considered its amendment, it cannot be mourned for its alteration to law - despite its harm to its stability - because it is the product of a necessity required by the suitability of the law to the conditions of society and its adaptation to the appeal of the rising life.

However, it is sometimes a problematic for what it brings as consequences that may be more harmful than beneficial.

It is the place where it is subjected to defamation as a cause of insecurity within the law.

On the other hand, the idea of legal security is not a limiting concept recognized by all legal systems, even if it refers to it within a set of general principles, and through its agreement on the need to summon the legal basis of a set of technical standards of accessibility, stability and predictability.

These are the elements that are supposed to be excluded in the discretionary rule by modification, and because of its automatic retro when applied, and the resulting weakening of the litigant's expectations, thus undermining the entire idea of legal security.

The resulting weakening of the litigant's expectations, thereby undermining the entire idea of legal security.