Undecidabilities and Law

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Undecidabilities and Law – The Coimbra Journal for Legal Studies (ULCJ) is a Scientific Law Journal of the University of Coimbra Institute for Legal Research (UCILeR), edited by Coimbra University Press (IUC)

Articles in this Journal

Is a new constitutive rule born or rather brought to life? Interpreting admissibility of evidence based on the judgment of the CJEU in the EncroChat case

The article analyzes the admissibility of evidence under Directive 2014/41/EU, focusing on a new constitutive rule for evidentiary action recognized by the Court of Justice of the European Union in the EncroChat case (C-670/22) on April 30, 2024. It...

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Are There Really “Tragic Cases”?

The aim of this article is to critically analyze the concept of the tragic case proposed by Manuel Atienza, starting from the same basis – the work of Robert Alexy –, but reaching very different conclusions. In the light of the parameters presented b...

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Juridicity and Legality

This text aims to explore the moments of divergence and convergence between the constructions that led to the emergence of the rule of law and the Rechtsstaat. The conceptual evolution of the two terms leads to a reinforcement of the material dimensi...

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Proportionality vs. legalism

The rule of law is fundamentally anchored in the legality of state actions, ensures that state bodies operate within the legal frames. The interplay between legality and proportionality is crucial, as the legality test assesses whether actions are la...

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Ecoproportionality in a time of environmental and climate emergency

Ecoproportionality lies at the heart of sustainable development. This paper examines how ecoproportionality is operationalized in legal and decision-making frameworks aimed at sustainability. It concludes that the pressing context of climate and envi...

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The Normative Foundation of Proportionality

Understanding the normative foundation of proportionality requires distinguishing between the reasons explaining its incorporation and content in legal systems and the reasons justifying its validity as membership in the legal system. The explanatory...

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Defeasibility and Balancing

"Defeasibility" and "balancing" are expressions introduced in recent times to deal with longstanding legal phenomena, which in the context of the constitutional state acquire a special prominence. What is at issue, in fact, is the necessity to recogn...

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Legality and Proportionality in the Performance of Law: Introduction

The fourth volume of Undecidabilities and Law is dedicated to the relationship between legality and proportionality in the context of practical performance (or realization) of law. To explain this thematic core, attention be paid primarily to its two...