2 February، 2025

legal article

Legal article on the concept of legal security by Dr. Ahmed Faris Idris / Department of Human Rights Law at the College of Law at the University of Mosul,,,
Specialists always talk about a term that may be renewed from time to time, which is the term legal security, and in this legal article I would like to clarify the idea as far as the concept and the scope surrounding it are concerned, as legal security is a loose idea that is difficult to limit and define due to the breadth of the fields it relates to, as it differs from one society to another, from one environment to another, and from one era to another, as it aims to achieve a higher goal represented in preserving public order and stability within the state and may be within the international community if we expand the scope of application, and it also sheds light on legal security through the moral security of individuals, meaning that it achieves reassurance in the psychological and moral aspect of the human being and in terms of his physical presence as well within the scope of work, as legal security cannot be considered a theoretical idea but rather a practice that requires clarity in the texts and legal positions of individuals and equality before the law, and therefore its achievement on the ground is traditionally linked to the formality of legal texts in which it is assumed to achieve the guarantee represented by information and publication in everything related to the legal rule from amendment, change or cancellation To achieve the knowledge of all so that they can manage their affairs in light of that and so that individuals can determine what the applicable law allows and what it prohibits without major obstacles, and to reach this result, the rules that are issued must be clear and understandable. From here, we can talk about the instability of the administrative decision issued by the parties authorized by law, whether by appointment, assignment or change of legal positions, because some manipulate those positions based on the discretionary authority they possess, and this violates the principle of stability and constancy of the legal positions of individuals and violates the legal security that we mentioned above because it will be subject to continuous and unexpected changes, basically so that those addressed by it can be reassured about it. Legal security today constitutes the basic pillar on which the legal rule is based, as it has no value without its protection of rights and the continuity of the stability of legal positions, which leads to people’s confidence in the legal system as a whole, meaning the public authority’s commitment to a degree of stability of legal relations and a minimum level of stability of legal positions with the aim of providing security and reassurance to all parties to the legal contract at the administrative, judicial and even legislative levels.
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