The Official Journal for College of Law and Political Science, Alnoor University

The Constitutional Foundations of Legal Certainty and the Challenges It Faces

Volume 2, Issue 2
Spring 2025
Pages 44-56

Document Type : Original Article

Authors

1 College of Law\ Ninevah University

2 College of Law\ Mosul University

Abstract
Legal security is one of the fundamental principles aimed to ensuring the stability of legal systems and building trust between individuals and the state. This concept is evident in constitutional provisions that seek to enhance transparency, ensure non-arbitrariness in the application of laws, and protect individual rights and freedoms. This is manifested in respect for the rule of law, the right to litigation, ensuring clarity and legitimacy in legal texts, adherence to the principle of separation of powers, oversight of the constitutionality of laws, the principle of non-retroactivity of laws, and finally, the principle of respect the acquired rights. However, legal security faces multiple challenges in the modern era, including the ambiguity of legislative texts, frequent legislative amendments, political and economic pressures that may affect the independence of the judiciary and the impartiality of laws, as well as weak oversight of the constitutionality of laws and the influence of the executive branch on the judiciary. These challenges impose on countries that need to strengthen legal governance frameworks and ensure the sustainable and balanced delivery of justice.

Keywords

https://scholar.google.com/scholar?q=%2210.69513/jnfls.v2.i2.a5%22
  • Receive Date 01 March 2025
  • Revise Date 01 April 2025
  • Accept Date 11 May 2025
  • Publish Date 29 June 2025