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5.1 Reviewing general constitutional principles

Certain ESC rights cases alleging a violation of constitutional provisions that directly address one of these rights may be brought to the scrutiny of a court empowered to address constitutional questions. However, some constitutional review cases may be linked to a provision that is not explicitly a “right” protection provision, but rather a more general rule of law principle anchored in the constitution. These include, for instance, the principle of legality, the principle of non retroactivity of the law, the principle legality or the principle of the protection of legitimate expectations[240] that individuals can argue, in many domestic legal systems, to challenge a legislative or administrative change that affects their interests and rights.

The following cases are illustrative in this respect.

Legitimate expectations

Case No. 2009-43-01 on Compliance of the First Part of Section 3 of State Pensions and State Allowance Disbursement in 2009

Non-Retroactivity of the law

Constitutional Case No. 15 of 2010, State Gazette Issue 91, p. 3

Footnotes    (↵ returns to text)

  1. 240. Legitimate expectations originating in English administrative law finds equivalents in French law under the “principe des droits acquis”, “principio de confianza legitima” in Spanish law, or “Vertrauensschutz” in German law.