Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Certainty in LawFoundations in the Constitutional Structure: In Terms of Its Parts

Certainty in Law: Foundations in the Constitutional Structure: In Terms of Its Parts [The constitutional structure of legal certainty is analyzed using the Brazilian Constitution as an example. The structure of the Constitution shows that legal certainty is an unequivocal positive principle, which protects it directly by “ensuring certainty” as a “right” and as a “value”. Moreover, the Constitution also protects legal certainty in many of its dimensions, i.e., as certainty of law, before law, of rights, and as a right. The Constitution not only protects legal certainty in all of its manifestations but does so by assigning a high priority to legal certainty in the constitutional order. This is done through the way legal certainty is assured by the totality of the constitutional order and by its parts, through the insistence with which the Constitution protects legal certainty, through the independence of its foundations, and through the reciprocal efficacy of these same foundations. Finally, the Constitution protects legal certainty in favor of citizens and against the state.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Certainty in LawFoundations in the Constitutional Structure: In Terms of Its Parts

Part of the Law and Philosophy Library Book Series (volume 114)
Ávila, Humberto
Certainty in Law — Jul 21, 2016
Download PDF
37 pages

Loading next page...
 
/lp/springer-journals/certainty-in-law-foundations-in-the-constitutional-structure-in-terms-wfd0WR0vv8
Publisher
Springer International Publishing
Copyright
© Springer International Publishing Switzerland 2016. we have rights to English only
ISBN
978-3-319-33406-6
Pages
131 –168
DOI
10.1007/978-3-319-33407-3_5
Publisher site
See Chapter on Publisher Site

Abstract

[The constitutional structure of legal certainty is analyzed using the Brazilian Constitution as an example. The structure of the Constitution shows that legal certainty is an unequivocal positive principle, which protects it directly by “ensuring certainty” as a “right” and as a “value”. Moreover, the Constitution also protects legal certainty in many of its dimensions, i.e., as certainty of law, before law, of rights, and as a right. The Constitution not only protects legal certainty in all of its manifestations but does so by assigning a high priority to legal certainty in the constitutional order. This is done through the way legal certainty is assured by the totality of the constitutional order and by its parts, through the insistence with which the Constitution protects legal certainty, through the independence of its foundations, and through the reciprocal efficacy of these same foundations. Finally, the Constitution protects legal certainty in favor of citizens and against the state.]

Published: Jul 21, 2016

Keywords: Human Dignity; Legal Order; Legal Norm; Democratic State; Legal Certainty

There are no references for this article.