The requirement of legal security

Abstract

How should legal security be understood? The author considers it as a requirement that the actors of a legal system undertake to respect, implement and improve for the benefit of citizens and litigants. He argues that it is an intellectual false move to understand "legal security" exclusively as a dogmatic or theoretical concept, where we should more appropriately understand it in its practice and as an ambition relative to how to "make-the-law". Therefore, the author attempts to make this requirement clear and transparent by analyzing how actors understand the legal system and how they should be committed to a complex understanding of legal security from the citizens and litigant’s viewpoint. He analyzes legal security in the light of the autonomy of law, as well as a service to be rendered efficiently, properly and legally to citizens and litigants. Finally, the author argues that legal certainty is verified exclusively in the degree of real trust and honesty that the citizens grant their legal system.