خطر عدم الأمن القانوني و ضرورة تفعيل الدور التشريعي : دراسة تحليلية مقارنة

Other Title(s)

The risk of legal insecurity and the necessity to activate the legislative role : a comparative analytical study

Author

داود، إبراهيم عبد العزيز إبراهيم

Source

المجلة الدولية للقانون

Publisher

Qatar University College of Law (Previously) / Qatar University Qatar University Press (Currently)

Publication Date

2021-12-31

Country of Publication

Qatar

No. of Pages

32

Main Subjects

Law

English Abstract

If the risk of legal insecurity lies in the negative effects that the law creates on the elements of the legal security of individuals, especially in terms of their legitimate expectations, the degree of clarity and understanding of the law, and the stability of their legal positions, then the security of the law is negatively affected by the behavior of individuals and their activities that lose the law’s control of reality.

Normally, the visions differed in dealing with this relationship between those who call for the primacy of individual legal security on one hand, which is the direction called subjective vision, and those who call for activating the law’s security and effectiveness, which is the direction called objective vision.

The question that arises: What is the legislative vision to be followed?As the measure of justice in everything is balanced, the ambition of this research is to achieve a balance between the security of the law and the security of the individual, which requires dealing with the subject through an analytical and comparative study, the benefits of which are not limited to only partial subjects and issues, but rather seek to form a balanced general vision.The study has shown that the subjective vision is limited to itself and leads to an exacerbation of the risk of insecurity of the legal system, in contrast to the objective vision through which balance can be achieved, in light of some recommendations, including–the need to pay attention to protective legislation for individuals, and to highlight the elements of legal security through it.

The avoidance of over extravagation of regulatory rules.

The need for activation of the civil liability’s preventive role.

Data Type

Conference Papers

Record ID

BIM-1382067

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