A GLANCE AT LEGAL PRINCIPLES AND THE PRINCIPLE OF EQUALITY
A GLANCE AT LEGAL PRINCIPLES AND THE PRINCIPLE OF EQUALITY

Summary/Abstract: The aim of this paper is to examine the significance of legal principles within the legal system, with a particular focus on the principle of equality. Legal principles are closely associated with the rule of law and the safeguarding of fundamental rights. The most crucial principles are established by the state through legal norms, highlighting the importance of equality and non-discrimination, justice, social protection, and others, while there are also principles that, although not formal norms, nonetheless exert a normative influence and have relative authority. Non-normative principles serve as guidelines for action or indicators for both the proper enforcement of the aforementioned norms and the equitable resolution of cases. Conversely, general principles are integrated into positive law, which creates essential rules for the operation of the system itself. Historically, legal principles in legal theory have been predominantly associated with classical legal philosophy, particularly the theory of natural law. Principles are fundamental in shaping any social system. They act as essential tools for meaningfully interpreting social reality understood as a social system. A necessary condition for the system's existence is that it has its own objectives and a significant focus, which is represented by some of its components. This is the function of principles. The rule of law serves as a guiding principle for states in exercising authority over individuals. The rule of law assumes a positivist view of law, which inherently includes the general principle of the rule of law. The entire analysis is grounded in an epistemological approach to understanding concepts and addressing issues.

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