Balancing legal certainty with regulatory flexibility

The concept of legal certainty is a central element of most legal systems in the world (Maxeiner 2008: 28). It can be associated with the rule of law, but variations exist concerning its exact contours and its relative importance vis-à-vis other fundamental legal principles. In particular, legal certainty is often contrasted with principles of justice or rightfulness (von Arnauld 2006: 638). Indeed, a formal understanding of legal certainty which focuses on issues of stability and consistency does not guarantee a fair and just outcome. More fundamentally, even though legal certainty is one of the most effective safeguards against governmental and administrative arbitrariness, it offers no protection against unjust or unfair laws. How can the potential for conflict between legal certainty and justice be solved?