Legal Security as a Principle in Lawmaking
Journal Title: Globalization, the State and the Individual - Year 2017, Vol 2, Issue 14
Abstract
Legal security is a philosophical concept of the modern thinking. Natural law theory, legal positivism and legal humanism design the notion of secu-rity in law. Contemporary meaning of the concept as a social security has been formulated by the german author Gustav Radbruch. Social security becomes legal security. The concept of legal security in human right context consists of human security (security of person) and social security and security of legal system. As a principle legal security has specific normative function - to justify and to develop effective legislation. The main thesis is that legal security is a principle that generates systematisation and stability of legal order and guarantee human rights in the sense of human and social security. Nowadays the idea of legal security extends its influence. It has become a principle inspiring the entire legal system. Contemporary legislator balances duties and freedoms taking into account the principle of legal security. Legisprudence as rational knowledge of law and Human Right theory are used in argumentation of the statement that security plays important (of principle) role in lawmaking. The article discusses the principle role of legal security in lawmaking, especially in legislative justification.
Authors and Affiliations
Cherneva Boyka Ivaylova
Keywords
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