Ролята на правните принципи за прилагане и развитие на правото
The Role of Legal Principles in Application and Development of Law

Author(s): Yanaki Stoilov
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: legal rule and principle; normative functions of legal principles; application of legal principles; development of law
Summary/Abstract: The author's understanding of the role of legal principles in the application and development of law is based on the distinction between legal principles and rules. The legal (normative) functions of principles in the application of law are described, namely: they provide direction and a framework for the application of law – normatively and causally; they serve as a criterion for balancing or preferring competing values and rights; they serve as a criterion for determining the applicable rules; they serve as legal justification; and they serve to judge the validity of legal acts. Examples from case law are given for each of these functions. A distinction is made, but also a link between the functioning and development of law. Legal principles stabilize law and the legal system in the process of their functioning. Furthermore, principles enable content to be derived from legal provisions. The evolutionary interpretation of legal principles and the change of principles are manifestation of the development of law.

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