THE STATIC AND DYNAMIC CONCEPTS OF LEGAL CERTAINTY
Journal Title: Наукові записки НаУКМА. Юридичні науки - Year 2018, Vol 0, Issue
Abstract
Legal certainty is the main idea for the entire legal system. The degree and manner it is included to positive law varies from system to system, but its implementation in a certain form is important for individual autonomy. Legal certainty has the key role in creating legal methods that form, recognize, and apply the law. At the same time, legal uncertainty cannot and does not have the same leading function as does the Legal certainty. When uncertainty is covered or expected, the rules set back in order of importance; i.e., if we cannot guarantee making the decision according to the law and legal rules, then we at least can guarantee it in accordance with the legal process. Thus, if legal certainty in the legal systems of common law is not ensured by clarity and accessibility of legal statements, it is achieved by applying the similar court decisions, as well as compliance with the rules of due process of law. These rules serve as procedural aspects and principles of court consideration.
Authors and Affiliations
Iuliia Matvieieva
Keywords
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- EP ID EP480419
- DOI 10.18523/2617-2607.2018.34-38
- Views 83
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