Legal certainty in times of crises

Contemporary crises, irrespective of their aetiology, profoundly affect the certainty of laws and the stability of transactions. Under normal circumstances, the principle of legal certainty plays an essential role in enhancing the quality and predictability of legal frameworks. However, in exceptional circumstances, this principle is often constrained and deprioritized in favour of ensuring the effectiveness of response measures. In this context, the present study aims to contribute to the discourse on enriching the theory of legal certainty from the perspective of improving resilience policy in times of crisis. This endeavour places fundamental importance on maintaining sufficient flexibility to enable decision-makers to respond effectively to exceptional challenges. By adopting a global perspective, the study analyses the experiences of diverse nations in navigating crises, with the aim of extracting best practices that have enabled the maintenance of an objective level of quality and predictability of laws and regulations. The analysis culminates in the proposal of a comprehensive framework of guarantees, designed to achieve an appropriate balance across constitutional, legislative, regulatory, and judicial levels.