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CONSTITUTIONAL LAW CONNOTATIONS OF LEGAL CERTAINTY IN THE RULE OF LAW

Emilian Ciongaru ()

Fiat Iustitia, 2016, vol. 10, issue 1, 43-50

Abstract: The Rule of law must accomplish the rule of law, both in its relations with citizens and in relations with the governing bodies. An main foundation of the Rule of law consists of the principle of legal security which implies that individuals, as beneficiaries of the law, to be able, without putting too much effort, to decide what is allowed and what is prohibited by the applicable law. To achieve this outcome, the legal norms adopted must be clear and understandable and not be subject over the time to so frequent and especially, unpredictable changes. The principle of legal security is also known asthe principle of legal certainty because it consists of the uncertainty that the enforcement of legal norms in a given situation to be predictable, the incident legal norm to be easily to establish, its recipients to be certain a legal provision corresponding offense is applied, and not another one, and that it will be interpreted in a uniform manner and a legal norm which did not come to the notice of recipients can not be applied.

Keywords: rule of law; legal security; legal certainty; constitutional order; political organization of society (search for similar items in EconPapers)
Date: 2016
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