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العنوان
الموازنة بين الأثر الرجعى لأحكام القضاء ومتطلبات الأمن القانونى /
المؤلف
صالح، محمود سامى مهدى.
هيئة الاعداد
باحث / محمود سامى مهدى صالح
مشرف / وليد محمد الشناوى
مناقش / أميرة عبدالله بدر
مناقش / محمد السيد صالح حجازى
الموضوع
القضاء - احكام. الامن القانونى.
عدد الصفحات
127 ص. ؛
اللغة
العربية
الدرجة
ماجستير
التخصص
قانون
تاريخ الإجازة
1/1/2023
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون العام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

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المستخلص

The principle of legal security is considered one of the most important components of the modern legal state based on the rule of law. This means that public authorities are committed to ensuring a degree of stability for legal relations and a minimum level of stability for legal centers, so that people can act with reassurance under the guidance of the existing legal rules and systems that apply them and arrange their situations accordingly. light, without being subjected to sudden actions that destroy their legitimate expectations and destabilize their legal status. Considering that the law is the means controlling the creation of new legal positions and their abolition, legal security in the previous sense is based on the standardization of the law and the extent of its stability, and any constitutional system provides political and legal mechanisms to guarantee the standardization of the law and its stability. To his nation Legal security in general is one of the principles of the state of law, the basic features of which are the supremacy of the rule of law, the separation of powers, the independence of the judiciary, and ensuring effective protection of the basic rights and freedoms of individuals and groups. This means that legal systems must not be characterized by the inflation of legal texts and frequent amendments, in order to avoid creating a situation Due to the lack of legal stability, which may result in the loss of legitimate confidence in the laws and the widespread instability of transactions, these situations may constitute, in their entirety, a real threat to legal security, which requires the enactment of rational legislation that provides reassurance.The study of the idea of legal security remained essentially limited to the literature of the philosophy of law, as a moral value or a general goal of law in its general sense, until it found its way into legal studies coinciding with the development of European legal discourse. As it was transferred from the framework of theoretical philosophy to the scope of the call for its embodiment in legal reality; Many jurists called for the necessity of recognizing it as a constitutional principle or legal standard that governs the work of public authority without distinction between the authority of legislation, implementation, or judiciary. They were joined in this regard by the European Court of Human Rights and the European Court of Justice, which considered it to be the basis for the laws of the European Community.Legal security, although it is a relatively modern term, its realistic applications have historical roots and philosophical extensions, which converge in their entirety around observing the legal rules for a minimum set of rights and legal positions that make the citizen secure regarding his interests and rights, which prompts him to positive interaction within his society. Therefore, legal security has multiple concepts and various dimensions, including preservation of rights, legitimate expectation, acquired right, etc.As for the emergence of this principle in Germany since 1961, the Federal Constitutional Court in Germany confirmed this principle, and it was recognized internationally by the Court of the European Community, starting with the decision issued in 1962, which was referred to by the European Court of Human Rights in 1981 by affirming The necessity of respecting the legal expectation as a basis for legal security (), and no law can succeed in providing security and legal stability within the group except by maintaining the stability of legal centers.