THE SUPERVISION OF THE CONSTITUTIONALITY OF LAWS: A FACTOR OF LEGAL STABILITY

The rule of law is established on the basis of a set of principles, the most important of which is legislative stability, through which the concept of legal security is embodied as a constitutionally-rooted idea of ambiguous and obscure meaning. To achieve this, multiple mechanisms must be present, the most prominent of which is the supervision of the constitutionality of laws. The latter originally emerged to realize a set of principles: the supremacy of the constitution, the gradation of legal rules, and the protection of rights and freedoms. However, it has thus become an important requirement for achieving legal security and a necessity for the latter, given its role in maintaining legal stability through its function of annulling or correcting legal provisions tainted with unconstitutionality. The modern state is founded on the respect for the fundamental rights and freedoms of individuals. To achieve this, the state must respect the law. The state's respect for law leads to its description as a rule-oflaw state, the concept of which is built on imposing supervision on the constitutionality of laws, meaning oversight of state authorities so that they do not violate the law, thus ensuring the protection of fundamental rights and freedoms. Therefore, the supervision of the constitutionality of laws is one of the main pillars of the rule of law. However, a rule-of-law state cannot be conceived except under the existence of the legal security principle; the ruleof-law state is that through which the substance of legal security is achieved, regardless of the system's type or model.

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Publication Details

Journal
Metafizika Journal
Published
2025-09-15
DOI
https://doi.org/10.33864/2617-751x.2025.v8.i6.353-369
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

THE SUPERVISION OF THE CONSTITUTIONALITY OF LAWS: A FACTOR OF LEGAL STABILITY

Siham Abbassi, Mounir Benazzoug, Mohamed Boulahia, Ameur Henni
Metafizika Journal
European and International Law Studies
article

THE SUPERVISION OF THE CONSTITUTIONALITY OF LAWS: A FACTOR OF LEGAL STABILITY

Siham Abbassi, Mounir Benazzoug, Mohamed Boulahia, Ameur Henni
article en

Abstract

The rule of law is established on the basis of a set of principles, the most important of which is legislative stability, through which the concept of legal security is embodied as a constitutionally-rooted idea of ambiguous and obscure meaning. To achieve this, multiple mechanisms must be present, the most prominent of which is the supervision of the constitutionality of laws. The latter originally emerged to realize a set of principles: the supremacy of the constitution, the gradation of legal rules, and the protection of rights and freedoms. However, it has thus become an important requirement for achieving legal security and a necessity for the latter, given its role in maintaining legal stability through its function of annulling or correcting legal provisions tainted with unconstitutionality. The modern state is founded on the respect for the fundamental rights and freedoms of individuals. To achieve this, the state must respect the law. The state's respect for law leads to its description as a rule-oflaw state, the concept of which is built on imposing supervision on the constitutionality of laws, meaning oversight of state authorities so that they do not violate the law, thus ensuring the protection of fundamental rights and freedoms. Therefore, the supervision of the constitutionality of laws is one of the main pillars of the rule of law. However, a rule-of-law state cannot be conceived except under the existence of the legal security principle; the ruleof-law state is that through which the substance of legal security is achieved, regardless of the system's type or model.

Metafizika JournalVol. 8(6)
Openalex Percentile: Top 71%
European and International Law Studies
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THE SUPERVISION OF THE CONSTITUTIONALITY OF LAWS: A FACTOR OF LEGAL STABILITY — Siham Abbassi, Mounir Benazzoug, et al. · Metafizika Journal (2025) | TGRS Research Map | TGRS