Balancing the principle of criminal legal security and the principle of retroactivity due to the unconstitutional ruling

Tawfeek, Nawar Najeeb

doi:10.37651/aujlps.2025.155899.1417

	Balancing the principle of criminal legal security and the principle of retroactivity due to the unconstitutional ruling
Journal of Anbar University for Law and Political Sciences
Article 40, Volume 15, Issue: 1 part 2, June 2025, Pages 1075-1091 PDF (711.99 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.155899.1417
Author
nawar najeeb tawfeek^*
College of Law / University of Mosul
Abstract
Balancing the two principles means harmonizing the ability of the law to develop on the one hand, and the rights of individuals to ensure the consistency and stability of their legal positions on the other hand, in order to achieve justice and apply the rule of law in a way that guarantees the rights of individuals. Therefore, constitutional oversight exists only to protect it and achieve justice, What the law seeks, but in order not to exceed the goal of preserving it, stabilizing the legal position, and respecting the individual’s acquired right, a balance must be found between the two. Therefore, any behavior is not considered correct and does not produce its effects unless it is consistent with what the legal rules have decided. In this context, a problem arises, which is what role does constitutional oversight play by balancing between respecting the supremacy of the constitution, protecting the rights and freedoms of individuals, in addition to achieving legal security. The main problem that arises in this is the extent of the balance between the two principles. Therefore, the following question can be raised: What is the validity of the ruling issued considering the law unconstitutional and its impact on criminal legal security?
Keywords
security; legal; constitutional; criminal

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