The recantation effectiveness in the constitutional judicial rulings

Authors

  • Mukhlis Mahmoud Hussein Imam Al-Kadhim University College of Islamic Sciences Author

Keywords:

justice, legal security, constitutional judiciary provisions, previous ruling, new ruling, constitutional principles

Abstract

All authorities must abide by the final and binding provisions of the constitutional judiciary. Nonetheless, these clauses can be flawed as a result of societal advancements that the constitutional texts haven't kept up with, or they might be flawed despite being enforced because there isn't a higher authority to examine them. The constitutional judiciary has been forced by this issue to reverse earlier rulings and make corrections to the mistakes that have been brought to light in various instances, situations, and eras.
Reversing constitutional judicial provisions is fraught with challenges, not the least of which is the potential contradiction with the legal security concept. Other criteria that may cause the concept of rescinding itself to be rejected are contained in this principle, such as legitimate expectation, legitimate trust, and legal stability. However, the constitutional judiciary put a lot of effort into finding jurisprudentially supported remedies to end this disagreement by striking a balance between upholding the norm of legal security and other principles and rejecting earlier constitutional judicial verdicts. The experiences that constitutional systems underwent influenced the creation of ideas and theories and strengthened their connection to reality.
The absence of uniformity within the constitutional judiciary allows for the modification of its rules, as its provisions do not create any overarching and universal rule.

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Published

2024-12-02

Issue

Section

Articles