The role of constitutional adjudication in consolidating legal certainty in Algeria
Keywords:
legal certainty, legal positions, vested rights, judicial precedentAbstract
Legal certainty is one of the principal foundations of a rule-of-law state. It seeks to preserve stable legal positions and protect vested rights. The legislature must therefore respect the supremacy of the Constitution. Any departure from constitutional rules is also a departure from legality. Constitutional review is among the most important mechanisms for safeguarding legality. Most constitutions that provide for judicial review of legislation therefore subject the competent body to procedural requirements when it issues constitutional or interpretative decisions. Constitutional judgments can strengthen legal certainty and prevent conflict with it, particularly when courts change established precedent.
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