Constitutional mutation and legal certainty: Between change and permanence
DOI:
https://doi.org/10.4013/rechtd.2015.72.04Abstract
The article deals with the relation between the principle of legal certainty and the constitutional mutations. It differentiates formal and informal changes in the Constitution and the limits that the dynamic aspect of the mutations encounters in the normative program of constitutional provisions and in the fundamental rights. For that reason, it discusses the principle of legal certainty, whereby the relation between State and individuals is emphasized. It analyzes the objective and subjective dimensions of legal certainty and suggests that this principle may be a limit to possible abuses of power and a path to requests for stabilization of government decisions.
Keywords: constitutional mutation, legal certainty, fundamental rights.
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