Home >> Legisprudence, Volume 2, Number 1

FIVE PARADOXES ON LEGAL CERTAINTY AND THE LAWMAKER

Author: Popelier, Patricia

Source: Legisprudence, Volume 2, Number 1, 2008 , pp. 47-66(20)

Publisher: Hart Publishing

Buy & download fulltext article:

OR

Price: $43.00 plus tax (Refund Policy)

Abstract:

The principle of legal certainty is becoming popular as a legal tool to fight uncertainty in the legal order. At the same time the very fundaments of the principle are at issue. The transformation of the principle of legal certainty into a legal tool may lead to unrealistic expectations. In order to grasp its meaning and to understand what the principle of legal certainty can and cannot do as a legal tool, the paper aims to disentangle five paradoxes. In suggesting solutions, it focuses on the meaning of legal certainty as a principle of proper law making, directed to the authors of written laws.

Keywords: Legal certainty; proper law making; accessibility; legitimate expectations; judicial review

Document Type: Research article

Publication date: 2008-01-01

More about this publication?
  • Legisprudence aims at contributing to the improvement of legislation by studying the processes of legislation from the perspective of legal theory. The content of the journal covers legislation in a broad sense. This comprises legislation in both the formal and the material sense (from national and European parliaments, regulation, international law), and alternatives to legislation (covenants, sunset legislation, etc.). It also takes in regulation (pseudo-legislation, codes of behaviour and deontological codes, etc.). The journal is theoretical and reflective. Contributions to the journal make use of an interdisciplinary method in legal theory. Comparative and system transcending approaches are encouraged. Sociological, historical, or economic studies are taken into account to the extent that they are relevant from the perspective of interdisciplinary legal theory. Dogmatic descriptions of positive law are not taken into consideration.
  • Editorial Board
  • Information for Authors
  • Subscribe to this Title
  • Information for Advertisers
  • Contents
  • Sample Paper
  • Email alerts (Hart books and journals)
  • ingentaconnect is not responsible for the content or availability of external websites
Related content
Marked list

Tools

Key

Free Content
Free content
New Content
New content
Open Access Content
Open access content
Subscribed Content
Subscribed content
Free Trial Content
Free trial content

Text size:

A | A | A | A
^ Back to top
Share this item with others: These icons link to social bookmarking sites where readers can share and discover new web pages. print icon Print this page