القيمة الدستورية لمبدأ الأمن القانوني : دراسة مقارنة في ضوء النظام الدستوري العراقي و المصري

Abstract EN

The concept of legal security is one of the concepts that the constitutional jurisprudence vary to find a comprehenensve preeventable deffintion in addition to that it is considered one of the terms mentioned in the constitutions of some countries such as (Spain, Brazil, Portugal and Ecuador), which made it of constitutional value while we find the constitutions of other countries Like Iraq 2005 and Egypt 2014, although they did not explicitly stipulate this term but despite this some jurisprudence went to say that the principle of legal security is deduced from the constitutional principle (the sovereignty of the law or the state of the law) contained in most constitutions, however it is noted that these two constitutions They touched on some pictures of the legal security represented by (non-retroactivity of laws, respect for acquired rights, legitimate expectation, restriction of the retroactive effect of ruling unconstitutional), and the constitutional judiciary had a role in giving constitutional value to some of these images, but we find that the Federal Supreme Court in Iraq has planned for it A contradictory path in some of its provisions and at other times it did not take into account the principle of legal security and the stability of the legal centers of individuals in the matter of many legislative texts that were judged incompetent constitutional.