APPLICATION OF LAW OVER TIME – THE PRINCIPLE OF STABILITY OR LEGISLATIVE EVOLUTION?
APPLICATION OF LAW OVER TIME – THE PRINCIPLE OF STABILITY OR LEGISLATIVE EVOLUTION?
Author(s): George Dan Sebastian StoicaSubject(s): Constitutional Law, Criminal Law, Philosophy of Law, Administrative Law
Published by: Editura Bibliotheca
Keywords: application of the law; legal certainty; social realities
Summary/Abstract: The principle of the application of law over time raises an essential issue in legal theory and practice, situated at the intersection between the need for normative stability and the imperative of adapting to constantly changing social realities. This study examines the legal interplay between the principle of legislative stability, which provides predictability and legal certainty, and the principle of legislative evolution, which reflects social dynamism and the need for reform. At the center of the analysis are the rules governing the application of law over time – non-retroactivity, the immediate application of new laws, and the ultra-activity of old laws – along with notable exceptions such as the more favorable criminal or administrative offences law. The paper highlights the theoretical foundations of these principles, their impact on legal security, and the way doctrine has contributed to refining their application. The conclusion emphasizes the need for a balance between preserving the fundamental values of the legal system and opening it to change, so that the law remains an effective and legitimate instrument of social regulation.
Journal: Valahia University Law Study
- Issue Year: 2025
- Issue No: SI
- Page Range: 541 - 547
- Page Count: 7
- Language: English
