About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2 Eur. J.L. Reform 321 (2000)
Legal Certainty and Principles of Proper Law Making

handle is hein.journals/ejlr2 and id is 331 raw text is: Legal Certainty and Principles of Proper Law Making Patricia Popelier* A. Introduction This article is the summary of a doctoral thesis, presented at the University of Antwerp on 4 July 1997, which examined the uncertainty of the law and the principles of proper law making which can be deduced from that principle.' In Belgium, a theory of 'principles of proper law making' directed to the law makers - including Parliament - is developing and enforceable, thanks to the far reaching possibilities of judicial review. What follows is only a selection concerning the debate about the principle of the certainty of the law and about the principles of proper law making. The article will focus on the development of the principles of proper regulation (Section B below), the meaning of the principle of the certainty of the law (Section C below) and on its enforceability before the Belgian and European courts (Section D below). Section E will draw conclusions from the foregoing, explaining some of the paradoxes concerning the principle of the certainty of the law. B. The Development of a Theory of 'Principles of Proper Law Making' in Belgium In The Morality of Law, Lon Fuller, using the 'allegory of King Rex', describes eight 'principles of internal morality' which are, according to the author, inherent qualities of a legal system. These eight principles concern: (1) the generality of laws; (2) the demands that laws are published; * Professor at the University of Antwerp, Post-Doctoral Researcher for FWO-Flanders (Fund for Scientific Research). 1 P. Popelier, Rechtszekerheid als Beginsel van Behoorlijke Regelgeving (Antwerp, Intersentia, 1997), p. 663. European Journal of Law Reform, Vol. 2, No. 3 © Kluwer Law International 2000.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most