This assumption of consistency and predictability through judicial precedent allows the law to exude a sense of certainty, fairness and by extension some amount of flexibility; but the question is, how can something which is consistent and predictable to such a degree that it is considered certain exhibit flexibility?

The components of the principle of legal certainty are, in particular, accessibility of the law, predictability of the legislation, stability of the law, legitimate

Rules and Principles: A Theory of Legal Certainty 59 predictable by features of power in society The principle of legal certainty embraced in the Law No.25 of 2007, the element of minimum certainty contains elements of predictability, because it greatly. a State that are meant precisely to provide a modicum of certainty, predictability, and confidence in the legal system. That is why also rule of law is so hard to legal certainty and predictability, on the one hand, and the desire for flexible, equitable, individualized solutions on the other”). 4 Reese's article, as I will discuss, Dec 4, 2020 intelligible, clear and predictable”); Maxeiner (2008) (“Legal certainty is a central tenet of the rule of law as understood around the world”); objective point of view legal certainty is treated as predictability in the law-making or law-applying activities, from the subjective one it is viewed as the subjects' Aug 17, 2016 definition of legal certainty refers to its pragmatic application of the law, which underlines a guiding principle to secure the predictability of In the civil law tradition, legal certainty is defined in terms of maximum predictability of officials' behaviour. In the common law tradition, legal certainty is often in between. b) legal certainty is one factor of economic appeal.

Legal certainty and predictability

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2016-12-02 · The paper examines legal certainty and predictability in the context of the youngest field of EU private international law–succession law. The author looks at the extent to which the provisions of the EU Succession Regulation provide for legal certainty and predictability in enabling EU citizens to plan their international estates in advance.

Key Words: formal/ substantive legal certainty, predictability, acceptability, arbitrariness, stability, objectivity in legal decision-making, “examination” student's. “legal certainty”. “predictability matters”. HISTORISKT.

2 Mar 2021 In theory, law sets out predictable rules for people to structure their life accordingly. For people to follow them successfully, these rules must be

These are characteristics which are the essence of certainty. They link with his second element: “Questions of legal right and liability should ordinarily be resolved by the application of the law and not the exercise of discretion”.

Legal Certainty and Predictability at Common Law (La Securite Juridique en Common Law) SECURITE JURIDIQUE ET DROIT ECONOMIQUE, L. Boy, Fr. Siriainen, & J-B. Racine, eds., De Boeck/Larcier, Belgium, pp. 85-133, 2008 The theme is a translation of a previous work written in French on the French concept of "securite juridique" as viewed in the Common Law world Keywords: Legal systems, comparative law, predictability, certainty In some cases there is hardly any applicable written norm or precedent on which a literal interpretation could be based. The literal and anti-literal interpretation of case law can in turn be linked to the interpretation of the principle of legal certainty, namely to the requirements of predictability and acceptability. Furthermore, legal certainty and predictability requires clarity in the law applicable in WTO dispute settlement, in particular as regards non-WTO law. It will be shown that apart from peremptory norms of public international law (ius cogens), the relevance of international law outside WTO law is limited.
Anton lindermüller

Due to the as yet limited importance of non-WTO law, legal certainty and predictability also depend on the issue of conflict of norms, which also is relevant as far as the interrelationship of the different WTO agreements is concerned.

If a result is predictable, settlement is easier: there’s little point in continuing to litigate on either side, because additional money spent on lawyers cannot change the result.
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2015-09-19 · otherwise gained, certainty and predictability suffer. This article examines this fallacy against the specific claims that clear legal rules produce the legal certainty and predictability required by capitalism and liberalism. As we shall soon see, the fallacy consists in identifying people’s

In this respect, the leitmotif of the book is the fundamental uncertainty at the of influenza was much more likely, making a predictable appearance every year, The Swedish tax procedure in view of the principle "Ne bis in idem" : Does the legislation provide sufficient predictability and legal certainty? Ericson, Robert Judicial proceedings are considered so important that the European with fundamental principles of legal certainty, concentrating on predictability and rättssäkerhet, legal certainty.

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act in a predictable manner. Government decisions have in some cases been challenged in court on the basis of a breach of the principle of legal certainty.

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 Legal Certainty and Predictability at Common Law (La Securite Juridique en Common Law) SECURITE JURIDIQUE ET DROIT ECONOMIQUE, L. Boy, Fr. Siriainen, & J-B. Racine, eds., De Boeck/Larcier, Belgium, pp. 85-133, 2008 The theme is a translation of a previous work written in French on the French concept of "securite juridique" as viewed in the Common Law world Keywords: Legal systems, comparative law, predictability, certainty The literal and anti-literal interpretation of case law can in turn be linked to the interpretation of the principle of legal certainty, namely to the requirements of predictability and acceptability. The principle of legal certainty entails a relative certainty of the law in terms of predictability for those subjected to the law to foresee the applicable law to their actions. As a consequence, the principle of legitimate expectations can be therefore said to be the ‘predictability aspect’ of the principle of legal certainty (Raitio 2003 : 200).