Giorgio Pino

Legal Certainty and the Constitutional State

  • Abstract

Informations and abstract

Keywords: Legal Certainty; Predictability; Constitutional State; Legal Principles.

The essay analyses the concept of legal certainty, questioning the widespread assumption that legal certainty is a matter of predictability. Certainty, the essay argues, is not a matter of sheer predictability of the outcomes of judicial decisions, but rather a matter of correct individuation of the legal consequences of a given case. With this clarification in mind, the essay then goes on with a tentative scrutiny of the place of legal certainty in the theory and practice of the Constitutional state.

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