أثر فعلية القاعدة الدستورية في تكريس الأمن القانوني : قراءة في الفقه القانوني و الفقه الإسلامي

Abstract EN

Legal security today is one of the legal concepts in the field of legal research because of its theoretical and practical importance to the reality of legal life on the one hand, and the nature of the legal relations of those who address the legal rule on the other hand.

Since the constitutional rule is the supreme rule in the legal organization of each State, It has a great deal of interest in its mechanisms, measures of application and ways of eliminating them.

As one of the contents of the concept of legal security is the validity of the legal rules, including constitutional rules, The actual effect of these rules in perpetuating the legal legitimacy on the one hand, and the achievement of one aspect of the legal security of the second hand.

Accordingly, the researcher raises the question of the actual constitutional rule and its impact in promoting the principles of legal security, through comparison, approach and criticism in the jurisprudence and Islamic Fiqh This raises the question of the necessity of rooting material resources of legal constitutional rule in jurisprudence and Islamic Fiqh and its impact in strengthening the principles of legal security.