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Constitutional Courts and Democratic ValuesA European Perspective$
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Victor Ferreres Comella

Print publication date: 2009

Print ISBN-13: 9780300148671

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300148671.001.0001

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A Traditional Justification

A Traditional Justification

Legal Certainty

(p.20) Chapter Three A Traditional Justification
Constitutional Courts and Democratic Values

Víctor Ferreres Comella

Yale University Press

This chapter contends that all legal systems must be able to satisfy the value of legal certainty to a sufficient extent. Setting up a system of constitutional review of legislation entails designing it in such a way that legal certainty is not impaired. Hans Kelsen has argued that the centralized model is much better in this respect. It is often argued that it is not possible to adopt a decentralized system of judicial review in the European countries that belong to the civil-law family. Two main reasons are offered to support this claim: first, the judiciary in those countries is organized differently than it is in common-law jurisdictions, and second, the doctrine of precedent is absent in the civil-law tradition.

Keywords:   legal systems, legal certainty, constitutional review, civil-law family, common-law jurisdictions, doctrine of precedent

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