Certezza del diritto e rule of law nel Regno Unito

Mutually envisaged as a matter of philosophical dogmatism and as a pillar of the British constitutional statecraft, the idea of legal certainty of the law has been directly connected to the principle of the “rule of law” laying, and sometimes disguised, under the solid influence of the liberal doctrine. The traditional deference and even the worship devoted to the existence of a high degree of certainty in the legal systems of the United Kingdom, and many countries in the Commonwealth, are facing some powerful adversaries and are accordingly monitored under many critical viewpoints. The inherent aporias of an “unwritten” and multidimensional constitution; the high complexity of legislative drafting; the political strain coming from old and new emergencies; the ambiguities ascribed to the Courts and sometimes to individual judges; and the flexible governmental approach to the protection of social and human rights are the main challenges to the tenacity of traditional commitment to the integrity of the British legal system.