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The theory advanced is that precise rules more consistently regulate simple phenomena than principles. However, as the regulated phenomena become more complex, principles deliver more consistency than rules. A central reason is that the iterative pursuit of precision in single rules increases the imprecision of a complex system of rules. By increasing the reliance we can place on a part of the law we reduce the reliability of the law as a whole. Legal certainty involves an internal value of the legal system and there- fore it affects all legal operations (legislation, interpretation, adjudication or enforcement). Abstract In the context of legal modernity, the principle of legal certainty – the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary exercise of public power – has operated as a foundational rule of law value. 1.
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For example, the principle of legal certainty requires that acts which have been relied on as legal will not turn out to be invalid. Legal certainty The concept of legal certainty is recognised one of the general principles of European Union law by the European Court of Justice since the 1960s.  It is an important general principle of international law and public law , which predates European Union law. the principle of legal certainty as a fundamental element of the formal concept of the rule of law marzena kordela* 1. formal and substantive formulation of legal principles.
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The conception of the rule of law from the moment of becoming methodologically mature enough to be not only the sub-ject matter of legal dogmatics but also of legal theory as a separate branchoflegalscienceshasmadeitpossible tosystematicallydem- Rules and Principles: A Theory of Legal Certainty. SSRN Electronic Journal, 2000. John Braithwaite. Download PDF. Download Full PDF Package. This paper. Abstract. Legal certainty decreases over time.
well, legal certainty and justice are struggling for supremacy; and the predominance of the one over the other differs in point of time as well as place. In the following, an attempt will be made to show how in our century, the trend (in Europe somewhat earlier than in America) was from the predominance of legal certainty to the
In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The theory is grounded in psychology and legal advocacy and suggests that expressing certainty enhances the persuasiveness of a message. We apply this theory to the principal–agent framework to examine the treatment of Supreme Court precedent by the Federal Courts of Appeal.
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. . 595 3. principle of certainty of law as a formal Legal certainty relates to the principle of non-retroactivity and the protection of legitimate expectations in particular, but more profoundly it can be related to the conceptual scale for weighing up and balancing between formal justice and material fairness in legal decision-making. In civil law jurisdictions, “legal certainty” is usually associated to the enhancement of law, statutes and general rules.
Håkan Gustafsson studies Legal Philosophy, Legal Theory, and Socio-legal studies.
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based on learning outcome achievement and guaranteeing legal certainty. The presentations must include practice as well as theory. Karl Olivecrona's Legal Philosophy2015Inngår i: Legal Philosophy in the Twentieth Century: The Civil Law World. Tome 2 / [ed] Enrico Pattaro and Corrado av J Strandell · Citerat av 2 — As Sweden remain highly individualized, a theoretical gap in the lifetime in spite of the weakened legal incentives compared to cohabitation.