O Estado de direito democrático (rectificado, republicado e, de novo, rectificado)
By: MEIRIM, José Manuel
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ArticlePublisher: Oeiras : INA, jan./mar. 2010Legislação: Cadernos de Ciência de Legislação 51, p. 45-90Abstract: The article emphasizes the dangers faced by the democratic Rule of Law and the principle of legal certainty which result from the improper use of the concept of rectification of statutory provisions and (possibly) of republication of legislation. Therefore, under analysis are proceedings which debase the legislative will, and the article examines the legal system of the rectifications and republications, the respective appraisal by doctrine, as well as the practical critique carried out by the courts, always bearing in mind that the publicity of the public-legal acts is a fundamental rule of legal civilization
The article emphasizes the dangers faced by the democratic Rule of Law and the principle of legal certainty which result from the improper use of the concept of rectification of statutory provisions and (possibly) of republication of legislation. Therefore, under analysis are proceedings which debase the legislative will, and the article examines the legal system of the rectifications and republications, the respective appraisal by doctrine, as well as the practical critique carried out by the courts, always bearing in mind that the publicity of the public-legal acts is a fundamental rule of legal civilization
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