علاقة الأمن القانوني بدستورية القوانين

Abstract

The principle of legal security is considered one of the most important constitutional principles in our contemporary time. The constitutional founder has subjected it to the oversight of the constitutional judge, who has the discretionary power to decide the constitutionality of a legal or regulatory text. All of this aims to protect the principle of legal security from any infringement or violation. This approach has been adopted by the Algerian constitutional founder, similar to many comparative legislations, by providing the Constitutional Court with all the necessary powers and mechanisms.

Legal security is only achieved through the availability of several principles, which are as follows: the principle of non-retroactivity of laws, the principle of respect for acquired rights, the principle of predictability of the law, the clarity and non-contradiction of legal rules, access to legal rules, and the principle of stability of judicial rulings.

To achieve this, mechanisms such as annulment are employed, either through the complete annulment of a text, which was explicitly embodied in the 2020 constitutional amendment stating that the decisions of the Constitutional Court are final and binding on all public authorities, or through partial annulment, where the constitutional judge is limited to invalidating the unconstitutional text while maintaining the other constitutional texts.

Additionally, interpretative reservations are utilized, including neutralizing, restrictive, or even mandatory types.