The principle of legal certainty is becoming popular as a legal tool to fight uncertainty in the legal order. At the same time the very fundaments of the principle are at issue. The transformation of the principle of legal certainty into a legal tool may lead to unrealistic expectations. In order to grasp its meaning and to understand what the principle of legal certainty can and cannot do as a legal tool, the paper aims to disentangle five paradoxes. In suggesting solutions, it focuses on the meaning of legal certainty as a principle of proper law making, directed to the authors of written laws.
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Patricia Popelier (2008) studied this question.
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