Legal certainty as an integral part of the principle of the rule of law
Journal Title: Альманах міжнародного права - Year 2017, Vol 17, Issue
Abstract
In this scientific work, the author has studied such a constituent element the concept of the «rule of law» as legal certainty. It is emphasized that certainty should concern, first of all, the legal norm as the initial element of legal regulation. At the same time, certainty must be achieved both at the stage of lawmaking and at the stage of law enforcement. Attention is also paid to the study of such elements of this principle as the legitimacy of expectations, the illegitimacy of the expansion of discretion in the powers of the authorities, the inability of the courts to apply non-active and not officially promulgated acts. Examples of violations by the national courts of the principle of legal certainty are provided, and relevant proposals are provided.
Authors and Affiliations
П. Д. ГУЙВАН
Keywords
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