Keywords: the principle of law, the rule of law, legal certainty, legitimate expectations, the European Court of Human Rights, the Constitutional Court of Ukraine 


Compliance with the law. Accessibility of legislation and court decisions. Constitutional justice. Stability and consistency of law. Legal certainty. Law. Fair trial.

As already mentioned in the introduction, lawmakers sometimes deliberately leave room for interpretation in the laws, and fundamental rights protection can influence the application of a law in an individual case, even if the law is very specific. 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. Legal certainty requires a balance between stability and flexibility. Following the hermeneutical footsteps of legal theorists such as Aulis Aarnio and Alexander Peczenik, a distinction can be made between formal and substantive legal certainty; between predictability and acceptability of legal decision-making. Using a method at once analytical and functional, Professor Ávila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended.

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However, as  legal certainty provided by the government to foreign investor PT Simpang Kiri Ahmad Ali, Menguak Teori Hukum (Legal Theory) dan Teori Peradilan  Another article from the same year, motivated more along the lines of innovation theory, took said success rates as a reason to fundamentally criticise patents  14 Feb 2020 Legal theorists, judges, and legal writing instructors persistently decry the certainty rhetoric, those claims rest on theoretical and empirical.

used in the legal texts of trade agreements and the trade effects of FTAs is the theory on trade creation and as being enhanced legal certainty and, thus,.

1 Mar 2017 Appendix A Tax uncertainty and investment: Theory and Evidence . The development of a robust principles-based tax law design.

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. We find that as the level of certainty in the Supreme Court’s opinion

Legal certainty theory

Law. Fair trial. 1 Mar 2017 Appendix A Tax uncertainty and investment: Theory and Evidence .

Legal certainty theory

Hart owns a stand which is in the middle between the ‘mechanical jurisprudence’ and what he considers the ‘nightmare’, which means the rule of law does not restrain at all. This idea of certainty was to a great extent conceived as precision.” Aiming at Certainty. Legal certainty was equated with precisely worded and easily accessible laws: norms that are general and yet not vague and that can be known by those who need to obey them. Is that really enough, as a concept of legal certainty? Legal Positivism. A school of Jurisprudence whose advocates believe that the only legitimate sources of law are those written rules, regulations, and principles that have been expressly enacted, adopted, or recognized by a governmental entity or political institution, including administrative, executive, legislative, and judicial bodies. Certainty (also known as epistemic certainty or objective certainty) is the epistemic property that a person has no rational grounds for doubting a particular belief or set of beliefs.
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Rules and Principles: A Theory of Legal Certainty. SSRN Electronic Journal, 2000. John Braithwaite. Download PDF. Download Full PDF Package. This paper.

John Braithwaite. Download PDF. Download Full PDF Package. This paper. 2002-10-01 · The theory advanced is that precise rules more consistently regulate simple phenomena than principles.
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av J Söderlund · 2016 — Key words: Inclusive-fitness theory, Parental investment, Kinship certainty. Date: 12.08.2016 Altruistic investment is also seen in socio-legal relationships.

Se hela listan på Advice of the Legal Certainty Group (2006-2008) This expert group analysed issues of legal uncertainty relating to the integration of EU securities clearing and settlement systems. It was chaired by the Commission and composed of around 30 legal experts from academia, the public and the private sectors. What is the relation between legal certainty and correctness?

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This paper applies a complexity theory approach to the idea of certainty in law. It considers how the idea of legal certainty is generally treated as being central to traditional approaches to the rule of law, and examines how autopoiesis maintains a type of legal certainty in the face of events that breach legal expectations.

The Economy of Certainty further illustrates that these jurists were able to construct a profound jurisprudential and metaphysical system. For students of Jewish history, The Economy of Certainty describes a legal theory that medieval Jews in the Islamic world used to reflect on their own law. Buy The Principle of Legal Certainty in EC Law: 64 (Law and Philosophy Library) Softcover reprint of hardcover 1st ed. 2003 by Raitio, Juha (ISBN: 9789048162642) from Amazon's Book Store. many issues relating to tax certainty are already embedded in existing capacity building programs, as a specific practical measure, the report proposes a consultative workshop on tax certainty for African countries to be held in the region in 2017 to take forward the discussion on the particular challenges that developing countries face. Se hela listan på About The Shifting Meaning of Legal Certainty in Comparative and Transnational Law. The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power.