LEGAL SECURITY AND THE PRINCIPLE OF LEGAL CERTAINTY : A HISTORICAL AND ANALYTICAL PERSPECTIVE

Abstract: This article explores the interplay between legal security and legal certainty, emphasisig their critical role in maintaining the rule of law. Legal certainty ensures that laws are clear, persistent, and perfectible, fostering public trust in legal systems. It highlights the formalist approach to legislation, rooted in justice and fairness, as advocated by Bentham whose principle encapsulated in the Latin maxims "nullampoena sine lege" and "nullumcrimen sine poena lege" underscores the necessity of predefined laws for justice. The study further illustrates how precise laws protect citizens' expectations, prevent arbitrary rulings, and uphold justice through a structured and transparent criminal justice system. Ultimately, legal security and certainty emerge as indispensable for safeguarding individual rights and maintaining societal harmony. Keywords: Legal security - Legal certainty - Rule of law – Bentham - Latin maxims -Citizens' expectations - Societalharmony.