Results 301 to 310 of about 54,664 (343)
Some of the next articles are maybe not open access.
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
exaly +3 more sources
The principle of legal certainty as a principle of economic efficiency
European Journal of Law and Economics, 2014 Legal certainty, a feature of the rule of law, constitutes a requirement for the operational necessities of market interactions. But, the compatibility of the principle of legal certainty with ideals such as liberalism and free market economy must not ...
Aurélien Portuese, Portuese Aurélien
exaly +2 more sources
Is legal certainty a formal value? [PDF]
Jurisprudence, 2020 Legal certainty is a central requirement for the rule of law. Legal systems should both enable those subject to law to predict human behaviour and institutional reactions and to prevent an arbitrary use of state power against them.
Isabel Lifante Vidal
exaly +2 more sources
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
openaire +1 more source
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.
openaire +1 more source
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.
openaire +1 more source
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.
openaire +2 more sources
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
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.
openaire +1 more source
openaire +1 more source