Alexinian Weight Formula and the Legal (un)Certainty of its “abstract weight” dimension

Legal Certainty serves a variety of purposes in the Alexinian theoretical architecture. It is a foundational value of the entire legal system and, at the same time, an explanatory factor of Law as a dualistic phenomenon. The importance of Legal Certainty, albeit high, in Alexy’s understanding does not seem to reach the category of absolute principle and, therefore, under certain circumstances, might be diminished through the employment of the method of weighing and balancing. And in so doing, Alexy has pioneered the Weight Formula with the intention of settling a vast array of conflicting rights, and, once and for all, paving the way for a more orderly legal thought. Au contraire, the introduction of an outer variable, better known as the abstract weight dimension, yet, seems to raise more questions than it solves. This paper argues that the multiple flaws that the abstract weight dimension carries, ultimately, are challenging to reconcile with Alexy’s stance on Legal Certainty.