The simultaneous process of social-culture transformation emerges a complex problematic in the sector of law; especially it is related with the law certainty. The clash of values occurred intensively ...and extensively fixes a polemic whether the law must be stable or is always in changing. The law that is always in changing will leave a certainty as an essential character of law. On the contrary, the law that stable in its nature will turn up a problem, it will not accommodate the internal dynamic. The sect of Sociological Jurisprudence, in its effort tries to formulate a harmonious synthesis by positing the significant meaning of customary law and the written constitution as a tool of social live arrangement in order to manage it better. The certainty of law will be achieved throughout continuous dialog process between rationality and experience, between fact that happen in the social life and the ideal normative of juridical values those are formulated in constitution. The certainty of law can be approached properly if it is supported by professional lawyer apparatus that has high moral integrity. The task of judge is not only to be speaker of constitution but also to enforce the justice. Therefore, the law enforcer should has sensitive feeling in understanding the phenomena of social justice that is desired by society, formulating the social justice in the constitution, and implementing the constitution wisely.
El autor aborda de manera innovadora un tema clásico de hermenéutica penal: considera el favor rei un criterio interpretativo fundamental capaz de orientar al jurista y lo combina con la carga del ...juez, en caso de condena, de motivar en modo refutativo optando por la opción hermenéutica más favorable. Estos resultados son corroborados por la reciente normativa europea y por algunas reformas en la codificación penal italiana, presentadas con el fin de fortalecer la certeza del derecho con los instrumentos propios de la exégesis jurídica.
Through a close examination of legal, historical, and theological sources, this book considers a largely neglected area of Islamic law, calling into question a controversial popular notion about ...Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law.
The concept of “real legal certainty” provides a much-needed corrective to the general attention legal certainty currently receives, emphasizing relations between citizens, adding socio-legal ...insight, and providing a “view from below” Real legal certainty thus leads to more realistic insights on how to build state institutions. The concept was introduced by Leiden University’s professor of law and governance in developing countries Jan Michiel Otto, and can be considered a central pillar of his work. In this volume, friends and colleagues of Otto engage with the concept of real legal certainty against the backdrop of an ever-increasing interest in legal certainty in policy-making and academia, providing a wide variety of examples of its relevance. Drawing on case material from all over the world, they show how real legal certainty can be understood in a bottom-up manner and how it is relevant for building state institutions. They also show how the concept can gain in relevance by taking non-state actors into account. In all, the volume is important reading for all whom share Otto’s interest in translating law in the books and into law in action.
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and ...distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.
The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well ...as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context.
The present article aims to analyze the rulings C-539 and C-634 of 2011 by means of which the Constitutional Court has studied the articles which guarantee the enforceability of the rulings of the ...Supreme Court of Administrative Litigation – Council of State. Our analysis allows us to conclude that in a judicial system like ours the judges creates law and thus the promotion of the principle of respect to judicial precedent becomes an essential element to guarantee the certainty or the law and the access to justice of those for which it is administered.
El presente artículo está dirigido a analizar las sentencias de constitucionalidad C-539 de 2011 y C-634 de 2011 mediante las cuales la Corte Constitucional ha adelantado el estudio de las disposiciones que le otorgan fuerza vinculante a las Sentencias del Consejo de Estado. Dicho análisis permitirá concluir que en un sistema jurídico como el nuestro, el juez crea Derecho y en esa medida la promoción de la disciplina de respeto al precedente se convierte en un elemento esencial para garantizar la seguridad jurídica y el acceso a la justicia de los administrados.
Like-minded criminal policy practitioners of the time are coming to rely more often on the principle "in dubio Prognose" in the context of criminal law legislative hyperactivity. Expert based ...predictions and legal consultants seek to scientifically and procedurally legitimize the criminal justice decisions based thereon not only to the victim but mainly to the general public, which should be and wants to be protected. Following observations on the timeliness and explosiveness of this topic and examination requirements and terminology, the analysis goes on to explore the problems of prognosis in criminal law and aspects of the prediction methods in criminology before the results of this analysis are evaluated in the context of protective law and due process. Helmut Pollähne, Rechtsanwalt, Bremen.
Certainly, it is essential, for the shaping of public order in a state, to establish the standards of good administration and axiological basis for the legal system of administrative law, both in the ...formal-legal and systemic aspect and the substantive-law domain. The basic role is played by legal designatations, such as: properly understood the principle of separation of powers, the principle of the rule of law, human dignity as an axiological basis and the categorical imperative in the sphere of understanding what good administration is, the meaning of the notion of the common good, proper distribution of prime factors of the relationship the common good – human dignity. Legal security and certainty of law, the elimination of inflation of law and the relativization of fundamental values of systemic significance form are also an important element underlying good administration. It is not possible to shape the system of good administration without a properly formed public service and without continuously building its ethos. The analysis of the foundations of good administration and its durability cannot boil down only to the procedural and legal aspects. Therefore, apart from pointing to the need to constantly address the issues of the principles and standards set out in Poland in the Code of Administrative Procedure and in the Code of Good Administrative Behaviour adopted on 6 September 2001 by the European Parliament, I have decided to present this issue in another paper, while focusing herein on the fundamental axiological values symbolizing good administration. An important place in this area is taken by the problem of the individual’s right to good administration, which is a consequence of recognising that the State has an obligation and responsibility to shape the optimal model of good administration and governance within the country.
PDF
