Judicial Security and Reverse Diligence in the administrative judiciary

Abstract

There is a link between legal security and judicial security, as it is often added to legal security, so legal and judicial security is said in order to reach two things, which are the conjunction of the principle of legal security with judicial security, and highlighting the judicial nature of the application of the law and the protection of rights and freedoms. Judicial security, if it reflects confidence in the judicial institution and the reassurance of what results from it the subject of the research raises several problems, including, what is related to the extent to which the litigants feel safe and confident that their dispute is being considered by a judicial authority and the extent to which it has the necessary standards that enable them to obtain a fair trial. A surprise that contradicts their expectations.

Whereas, reversing stable judicial jurisprudence endangers judicial security, especially that, by virtue of the fact that its subject is devoted to the interpretation of the rule of law, it applies retroactively and governs previous legal situations. As for the second topic, we devote it to addressing the position of the administrative judiciary and the European court’s judiciary against reversing jurisprudence.