Legal Certainty and Legal System Cover Image

Правна сигурност и правни систем
Legal Certainty and Legal System

Author(s): Dragana Ćorić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal certainty;Legal system;
Summary/Abstract: “The conflict between justice and legal certainty could be resolved in a way that positive law, which provides regulation and power, takes precedence even if it is unjust and has inappropriate contents, unless the contradiction of the legislation in line with justice reaches so intolerable level that law as ‘wrongful law’ must depart from justice.” The Radbruch’s formula has its significance even today, several decades after its creation, and completely fits into the modern aspirations of functioning legal system and the application of law. Balance of justice and certainty is difficult to achieve, especially in modern conditions, when the limits of justice and fairness perceptions shift, and certainty becomes a self-declarative categories.But what is the legal certainty and how it manifests itself, especially in transitional societies and accordingly, the transitional laws? Is it always certain as a value or is the struggle for the establishment of its humanization long and strenuous?