Work

Legal Security Under the Judicial Review of Annulment: A Balance between the Stability of Legal Positions and the Rule of Law

Year: 2025

Type: article

Abstract: This research paper focuses on the problematic relationship between the principle of legality, which mandates the administration's full submission to the law, and the principle of legal security, which aims to achieve stability in legal positions and protect public trust.The core issue lies in the fact that annulling an illegal administrative decision may negatively affect stable legal positions or rights acquired in good faith.In this context, the research poses a main question: What is the role of annulment judiciary in striking a balance between these two principles, and what are the most prominent manifestations of this role in strengthening legal security?The study adopted an analytical and comparative approach, analyzing the role of the annulment judiciary in Palestinian legislation while utilizing judicial rulings and comparing with other legislations when necessary.The study concluded with several findings, the most important of which is that the annulment judiciary plays a pivotal role in achieving a balance between the two principles through specific criteria such as the seriousness of the violation and the public interest.The judiciary contributes to establishing legal security through fundamental principles like the non-retroactivity of administrative decisions, respect for acquired rights, and the protection of the principle of legitimate trust.

Source: International Journal of Academic Research in Business and Social Sciences

DOI: 10.6007/ijarbss/v15-i9/26528

Authors: Waleed Abdul Rahman Mezher, Omar Saleh Al-Akhras

Institution: Al-Aqsa University

Language: English

Topic: Administrative Law and Governance

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

OpenAlex ID: W4414344818