IGNORANTIA LEGIS AND LEGAL CERTAINTY

Abstract

This paper revolves on the principle ignorantia legis non excusat as a challenge to the value of legal certainty. This principle commits us to accept that norms will be prima facie enforced or have effects no matter if ignored by its addresses or by those in whose interests they will have an impact. Thus, if we want the legal practice to meet the requirements of a Constitutional Rule of Law state, we should necessarily conclude that Law should meet certain conditions for the purposes of making its knowledge available to everybody. A less formalist understanding of the value of legal certainty might eventually be the answer to this challenge