The Principle of Clarity of the Law in Light of the Judgments of the Constitutional Judiciary: A Comparative Study

Document Type : Original Article

Author

Faculty of Law - Helwan University,

Abstract

 
The general principle in legislation is that statutes must be formulated clearly. Accordingly, statutes are specific, clear and do not raise any disputes in understanding their meanings.This is in contrast to statutes that lead to confusion for the average person in understanding the meanings, so he does not know whether his behavior is in accordance with the law or in conflict with it. It is illogical to develop a statute that is vague and incomprehensible to the extent that the judiciary or the executive authority ends up with an interpretation that those subject to the law may not expect. The Egyptian, American, and French constitutions were devoid of the principle of clarity of law, which led to an attempt by the constitutional judiciary in these countries to define the conditions and criteria for this principle.
 

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