مجلة الحقوق والحريات
Volume 14, Numéro 1, Pages 358-387
2026-04-11
Legal Security Within The Framework Of The Rule Of Law: An Analytical Study Of Its Concept And Foundations
Authors : Aouidi Tounes . Nouasria Maroua .
Abstract
Legal security is a fundamental element of the modern state governed by the rule of law and founded on the supremacy of law, it requires public authorities to guarantee a reasonable degree of stability in legal relationships and legal positions. For this principle to operate effectively, legal rules must rest on solid foundations: they should avoid undue complexity, be clearly framed, and emerge from the social context they seek to regulate. Without such conditions, the establishment of a stable and secure legal environment becomes highly problematic. In this light, the present study examines the concept of legal security, given the absence of a comprehensive and precise definition in legal scholarship, and seeks to identify its principal substantive components, it concludes inter alia, that the constituent authority, through the 2020 constitutional amendment, has for the first time expressly recognised legal security and elevated it to the rank of a constitutional principle that may not be infringed.
Keywords
Legal Security ; Rule of Law ; Legal rule ; Legal framework
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