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Five Paradoxes on Legal Certainty and the Lawmaker
Legisprudence:International Journal for the Study of Legislation, 2008AbstractThe 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.
Patricia Popelier
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Legal Certainty and Arbitration
2020Abstract This chapter assesses legal certainty in international arbitration. It specifically considers the noticeable shift in the balance between legal certainty and legal flexibility. While legal flexibility surely continues to deserve a place among the core values of international arbitration, it is legal certainty’s stock that has ...
Frédéric Bachand, Fabien Gélinas
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Legal Certainty and Correctness
Ratio Juris, 2015AbstractWhat is the relation between legal certainty and correctness? This question poses one of the perpetual problems of the theory and practice of law—and for this reason: The answer turns on the main question in legal philosophy, the question of the concept and the nature of law.
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Legal Certainty and Legal Commitment Mechanisms
2021The dictionary defines the word commitment as “the engagement or obligation that restricts freedom of action” and “the state or quality of being dedicated to a cause, activity, etc.” Credibility is “the quality to be trusted and believed in.” Therefore, a credible commitment is a promise that can be assumed to be fulfilled.
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What is Legal Certainty? A Theoretical Essay
SSRN Electronic Journal, 2013Many legal concepts seem to be perfectly clear to neophytes but in fact prove to be highly complex when it comes to determining if not their meaning, then at least their gist. Legal certainty definitely belongs to this category. As for beauty or democracy, it is possible to sense its meaning without being able to explain it clearly.
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Abstract This chapter focuses on the EU’s role in reconfiguring host states’ parameters of conduct as prescribed by investment agreements. This reconfiguration aims to balance the inherent uncertainty between attracting foreign capital and ensuring the host state’s development.
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Legal Certainty: Legal Certainty
Правовая определенность рассматривается в статье не только как один из общих принципов права и одно из требований верховенства права, но и вообще как основополагающее свойство и условие значимости права и его инструментальной ценности. В этой связи анализируются определения верховенства права и перечни его составляющих, предложенные западными ...openaire +1 more source
The Principle of Legal Certainty
Lobbying in the Legislative ProcessThe article analyzes the principle of legal certainty, which is the subject of consideration not only of the legal doctrine, but also of the Constitutional Court of Russia, as well as international judicial bodies. A legal norm should have a concretized expression, but in a number of cases, the specificity of the normative material is either difficult ...
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