Legal Certainty and the Constitutional State
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Abstract
The essay analyses the concept of legal certainty, questioning the widespread assumption that legal certainty is a matter of predictability. Certainty, the essay argues, is not a matter of sheer predictability of the outcomes of judicial decisions, but rather a matter of correct individuation of the legal consequences of a given case. With this clarification in mind, the essay then goes on with a tentative scrutiny of the place of legal certainty in the theory and practice of the Constitutional state.
Keywords
- Legal Certainty
- Predictability
- Constitutional State
- Legal Principles
