However correct and principled one may be, in proclaiming a legal theory based on sound economic and historical facts, the acceptance of this theory will depend and must ultimately depend on the recognition, if not of a majority of voters in a universal electoral system, at least of an elected and effective majority of politicians. Given the current political dynamics, there is little chance of introducing an adequate or fair tax system. Once again, tax evasion peddlers (and most of their adherents) fail miserably to distinguish between capable theory and political reality. For example, legal and constitutional history provides substantial evidence that the authors of Article I, Sections 8 and 10 of the United States Constitution intended to deny national and state governments the power to issue paper money.  Nevertheless, any credible observer of the passing scene of the last century must recognize that official acceptance of the theory that state-sanctioned commodities (« money ») must be associated with a precious metals standard will occur far into the future, if at all. The plundering state receives unwavering support from countless beneficiaries, for example: public school teachers, trade unionists, bureaucrats, judges, politicians and liberal limousine businessmen; Such pre-reflective men and women possess little motivation and little ethical inclination, which are necessary to stay away from personal benefit and radiate principles. The concept of legal certainty has been recognised by the Court of Justice of the European Communities as one of the general principles of EU law since the 1960s.  This is an important general principle of international and public law prior to EU law. As a general principle of Union law, this means that the law must be secure because it is clear and precise and its legal effects are foreseeable, in particular when applied to financial obligations. The adoption of laws producing legal effects in the European Union must have an appropriate legal basis. Member States` legislation implementing EU law must be drafted in such a way that it is clearly understandable to persons subject to the law.  This examination of uncertainty within the legal discipline focuses on legal institutions (parliament, courts, and government) and actors (bureaucrats, lawyers, and their clients).
The audit is not complete. In order to clarify otherwise very general remarks about legal practices and processes, it is « sprinkled » with a few illustrative examples and also delves deeper into my area of expertise – environmental law. To some extent, the chapter deliberately analyses different areas in order to obtain comments on the most interesting avenues for future work on legal uncertainty. It also reflects, perhaps inevitably, my own legal background, with an analysis focused on the common law traditions of countries like Australia. Comparisons with other legal traditions and with international law, which are beyond the scope of this chapter, would undoubtedly be very interesting and instructive. What about the perfect illusion? It`s just that in a world dominated by blocked or aggregated thoughts, it`s deceptively easy to neglect the individual, and it practically forces the mistake of believing that people act like hordes or groups rather than people or individuals. The Austrian school sees the reckless Keynesian emphasis on macroeconomics in the darkness of the single man or woman who produces, earns, saves, consumes and thinks. Nevertheless, the proponents of this primordial school of thought sometimes forget to transfer the foundations that are recognized to other disciplines. What empirical fact or rational theory provides evidence that delegates to a proposed constitutional convention differ, personally or mentally, from the appalling fate of our state houses, courthouses, and Capitols? What legal or moral constraints would prevent delegates to a draft convention from going beyond the purported purpose (for example, a single-issue convention to consider a change to balanced budgets) and rewriting the remarkable document that sets the standard for our country? DOI link for Certainty as an illusion: the nature and purpose of uncertainty in law Most European countries consider legal certainty to be a fundamental quality of the legal system and a guiding requirement of the rule of law, although they have different meanings from the term.
Devenez membre de Copywriting Pratique !
Si vous souhaitez :
- Recevoir chaque nouvel article du blog directement dans votre boîte mail (si vous le souhaitez),
- Avoir accès à des générateurs en ligne inédits (générateur de slogans, de noms de marques, d'accroches, un dico des synonymes avec une mise en situation, un formateur d'emails et même le fameux calculateur du Sympathomètre d'un texte),
- Un guide qui vous explique comment trouver plus de 354 millions d’images gratuites et libres de droits...
Pour vous inscrire et avoir accès à tout ça, c'est facile : Indiquez votre prénom et votre email dans le formulaire ci-dessous :