Ius Humani. Law Journal
Vol 3 (2012)

Los paradigmas de redacción normativa como medio para alcanzar la seguridad: ¿una apuesta segura?

Fernando Centenera Sánchez-Seco (Universidad de Alcalá)



Article Info

Publish Date
03 Dec 2013

Abstract

Different works concerned with the drafting of legislation consider that its language should be simple, clear and precise if it is to offer legal certainty. However legal certainty is understood, at first sight this position seems to be supported by numerous arguments, as when legal certainty is analyzed as a quality of law (in relation to accurate guidance, legal firmness and legal efficacy), as formal justice (with all that implies for liberty and equality) and as material justice (in relation, for example, to the protection of fundamental rights). However, on closer examination there also appear to be reasons for thinking that the stated paradigms for drafting do not always make for legal certainty and that in certain circumstances complex, vague or imprecise language may have its uses. That being so, the simplicity-clarity-precision guideline needs reformulating. To pursue this objective, a number of suggestive tools that may be applied to those circumstances are available in legislation theory. This paper advocates the implementation of a system of rationality which is capable of covering the diagnosed circumstances, a system organized into different levels of rationality where there would be room for both questions of language and of legal certainty.

Copyrights © 2012






Journal Info

Abbrev

iushumani

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice

Description

Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies ...