Respect for the principles of law, guarantee of respect for human rights and freedoms

Abstract

The general principles of law warrant unity, homogeneity, harmony and the ability to promote social relations. Legal principles are the result of social experience, and the practical benefit of knowledge of general principles is based on constructive actions directed at the legislator, drawing guidelines for the entire legal system.

On the other hand, general principles play an important role in the principle of justice, because those who are authorized to apply the law must know not only the law but also its spirit, and the principles of law must precisely define the spiritual essence of the law. . In other words, in some cases legal principles supersede regulatory rules. Finally, a judge cannot refuse to try a case on the grounds that there is no legal text for the court to decide, because he will be charged with a miscarriage of justice and will decide the matter based on the principles of the law.

The movement of legal principles leads to the unpredictability of coercive norms and guarantees the consistency and adequacy of laws.