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

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.

Authors

Publication Details

Journal
International Journal of Academic Research in Business and Social Sciences
Published
2025-09-18
DOI
https://doi.org/10.6007/ijarbss/v15-i9/26528
Primary Topic
International Law and Aviation
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

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

Waleed Abdul Rahman Mezher, Omar Saleh Al-Akhras
International Journal of Academic Research in Business and Social Sciences
International Law and Aviation
article

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

Waleed Abdul Rahman Mezher, Omar Saleh Al-Akhras
article en

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.

International Journal of Academic Research in Business and Social SciencesVol. 15(9)
Openalex Percentile: Top 70%
International Law and Aviation
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.